The second edition builds on the excellent reputation earned by the first as a comprehensive and practical work focussing on civil law claims and remedies. Its aim is to provide clear answers for practicioners whilst being willing to tackle some of the more complex and difficult areas such as proprietary remedies. The book covers all aspects of international commercial fraud litigation, ranging from issues of conflict laws, pre- emptive remedies (e.g. freezing orders, interim receivers, Norwich Pharmacal Orders), contentious insolvency litigations, to tracing assests. The book also covers substantive claims in areas such as trusts/ equity, contract, tort, restitution, company law and insolvency, as well as challenging asset protection devices in sham trusts and lifting the corporate veil, along with sanctions for non- compliance or contempt. Practical guidance on important procedural elements such as injunctions and disclosure is also provided. Detailed treatment of difficult topics such as unjust enrichment and conflict of laws is included and the new edition considers the impact of the Rome I and Rome II Regulations governing contractual and non- contractual obligations concerning choice of law issues. It also examines all relevant new case law such as Sinclair v Versailles concerning the impact on the right to obtain a proprietary claim in respect of a breach of fiduciary duty. The book draws together the disparate areas of the law that must be considered by commercial fraud litigators making a single and accessible reference source for practitioners and scholars.

This work on the law of pension trusts comprehensively fills a gap in the provision of good commentary on pensions law, both from a practical and scholarly perspective. Responding to a paucity of up-to-date publications in this area, David Pollard provides the most detailed treatment available of trust law as it relates to occupational pension schemes. The book provides answers to difficult problems in pensions law often not covered by statute, including trustees' obligations to employers, how spouses and dependents rank as beneficiaries and implied duties owed by employers. Pollard deals with the issues of most concern to practitioners in pensions law, including trustees' investment and amendment powers, and trustee investment duties. This practical guidance is supported and enhanced by incisive academic analysis. Written by a leading pensions practitioner, this book is a must have for all practitioners and scholars in the field.

This book provides an in-depth analysis of the unique structure of the Nigerian popular music industry. It explores the dissonance between copyright's thematic support for creative autonomy and the practical ways in which the law allows singer-songwriters' (performing authors') creative autonomy to be subverted in their contractual relationships with record labels. The book establishes the concept of creative autonomy for performing authors as a key criterion for sustainable economic development, and makes innovative legal and policy recommendations to help stakeholders preserve it.

Exploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.

This detailed study presents an accessible examination of how upstream petroleum activities are regulated in developed and developing petroleum countries. It includes a particular focus on the granting of access to petroleum resources, and incorporates a thorough consideration of the concept of Lex Petrolea. Different countries utilize a variety of legal models for regulating the exploitation of petroleum resources and two internationally recognized systems of managing natural resources are salient: concessionary systems and contractual systems. Expert contributors provide a detailed and insightful overview of the licensing and concession system that is used to award access to petroleum in many countries. They address topics such as auctions and work program bidding, and consider contexts such as offshore petroleum and the Russian system. The book considers the international nature of petroleum, alongside how licenses are granted under the bid and discretionary system. It includes a comparative analysis of the award of licenses in the countries discussed. This discerning and comprehensive work will be a useful entry point for students embarking study in petroleum law. Academics will find this timely examination to be an indispensable overview of upstream operations. Practitioners will find this book an illustrative review of the origins of issues surrounding regulatory frameworks in managing natural resources. Contributors: S.W. Amaduobogha, O.L. Anderson, K. Fletcher-Johnson, G. Gordon, T. Hunter, A. Kompaniets, S. Kozuka, C. Kulander, E. Nordtveit, J. Paterson, E.G. Pereira, K. Svendsen, A. Wawryk

This book analyzes the business model of enterprises in the digital economy by taking an economic and comparative perspective. The aim of this book is to conduct an in-depth analysis of the anti-competitive behavior of companies who monopolize data, and put forward the necessity of regulating data monopoly by exploring the causes and characteristics of their anti-competitive behavior. It studies four aspects of the differences between data monopoly and traditional monopolistic behavior, namely defining the relevant market for data monopolies, the entry barrier, the problem of determining the dominant position of data monopoly, and the influence on consumer welfare. It points out the limitations of traditional regulatory tools and discusses how new regulatory methods could be developed within the competition legal framework to restrict data monopolies. It proposes how economic analytical tools used in traditional anti-monopoly law are facing challenges and how competition enforcement agencies could adjust regulatory methods to deal with new anti-competitive behavior by data monopolies.

This book presents the latest findings relating to behavioral economics and the digital tools applied to contract management. There has been a decisive change in the role of contracts in the past decade, with contracts being transformed from purely legal necessities designed to protect against worst-case scenarios into tools for optimizing ongoing and mutually profitable business relationships with customers. There is an increasing emphasis on tight contracts, where time-risk and additional costs are passed on to the prime contractor, who may suffer heavy penalties in the event of non-performance. Contracts shape the behavior of the parties involved and as such have a major impact on project success. The contract manager's goals are to protect the interests of the company and its shareholders by minimizing the company's financial and contractual liabilities and to maximize its profitability while ensuring end-user satisfaction. The contract is usually written before the design is fully developed, and there is often a mismatch between contractual specifications and what the customer actually wants. Good contract management entails preserving the rights of the contractor by ensuring all parties respect their contractual obligations; providing advice to the project managers and engineering team; preparing profitable amendments to contracts or change requests; maintaining good record-keeping in the event that claims arise; filing notices when necessary; and guiding the project to a profitable conclusion. Like the ancient Chinese game of Go, moves made early in the game (notification of events) can shape the nature of a potential conflict one hundred moves later (arbitration threat). Contract management can also smooth the relationship between partners, allowing well-balanced "don't-trade-a-dollar-for-a-penny" contracts to be managed through an established process rather than as sporadic events (we cannot claim to be in control of our business if we are not in control of the contracts on which it depends). Managing a contract with a mix of incomplete manuals, fragmented information, and poor planning can drive companies to "reinvent the wheel." Contract management promotes a three-phase sequence to streamline information flows across the contract lifecycle, from the bid phase to performance, project closeout, and final payments.

English courts have traditionally held a policy of judicial restraint towards regulatory decisions in the commercial context. This book provides a critical view of the courts' deferential attitude and advocates a more intensive form of judicial review which is more satisfactory in terms of individual justice.
Addressing the issue in three parts, the orthodox common law position on judicial review is first set out, demonstrating the deferential approach of the courts and highlighting the limited scope of review in a commercial context. The regulator's expertise and institutional autonomy, and the demands of administrative efficiency, all contribute to preventing the courts from interfering with the development of regulatory policies.
The book then moves on to consider how current policy appears to be inconsistent with the relevant values of English public law which protect individuals from capricious and arbitrary executive action - particularly the right of the applicant to obtain an independent assessment of the validity of the impugned decision by a court which acts as ultimate arbiter of law.
Setting out an alternative model based on European human rights law, the book contends close supervision is necessary over decisions which alter or determine the operation of markets in order to reach a level of judicial control that is consistent with the requirements of fairness and reasonableness in this area and with proper respect for the rights of the parties involved. This alternative approach finds its roots in the principle of proportionality, which entails a greater judicial attenuation of administrative autonomy in order to ensure that actions do not go beyond what it is strictly necessary to achieve the desired outcome.

This book gives a detailed account of the current state of the law concerning good faith in contractual performance in Australia, through an empirical study on its reception and development across the various Australian jurisdictions. In Australia, good faith received wide attention after Priestly J introduced in his obiter comments in Renard Construction (ME) v Minister for Works (1992) 26 NSWLR 234.This book focuses on the attitude of the judges to good faith, the definition of good faith, and the possibility of legislating a good faith obligation in Australian contract law. This book also discusses the issues surrounding its development, its meaning, and acceptance at the international level.The empirical legal research adopted in this book will offer a significant contribution in understanding the concept of good faith in Australia from the empirical perspective.

This book presents a comprehensive and systematic study of the principal aspects of the modern law of international commercial transactions. Based on diverse sources, including legislative texts, case law, international conventions, and a variety of soft-law instruments, it highlights key topics such as the international sale of goods, international transport, marine insurance, international finance and payments, electronic commerce, international commercial arbitration, standard trade terms, and international harmonization of trade laws. In focusing on the private law aspects of international trade, the book closely analyzes the relevant statutes, case law and the European Union (EU) and international uniform law instruments like the Rome I Regulation, the UN Convention on the Contracts for the International Sale of Goods (CISG), UNCITRAL Model Laws; non-legislative instruments including restatements such as the UNIDROIT Principles on International Commercial Contracts, and rules of business practices codified by the ICC such as the Arbitration Rules, UCP 600 and different versions of the INCOTERMS. The book clearly explains the key concepts and nuances of the subject, offering incisive and vivid analyses of the major issues and developments. It also traces the evolution of the law of international trade and explores the connection between the lex mercatoria and the modern law. Comprehensively examining the issue of international harmonization of trade laws from a variety of perspectives, it provides a detailed account of the work of major players in the field, including UNCITRAL, UNIDROIT, ICC, and the Hague Conference on Private International Law (HCCH). Adopting the comparative law method, this book offers a critical analysis of the laws of two key jurisdictions-India and England-in the context of export trade. In order to stimulate discussion on law reform, it explains the similarities and differences not only between laws of the two countries, but also between the laws of India and England on the one hand, and the uniform law instruments on the other. Given its breadth of coverage, this book is a valuable reference resource not only for students in the fields of law, international trade, and commercial law, but also for researchers, practitioners and policymakers.

The Export Control and Embargo Handbook, Third Edition is a comprehensive examination of export administration regulations. While most currently available titles covering export control and embargo law carry a broader international focus, U.S. regulations are the central topic of this book. The Export Control and Embargo Handbook provides the very latest information on the embargo, transaction, and currency controls administered by the Commerce, State, Energy, and Treasury Departments, as well as the Nuclear Regulatory Commission. This fully updated third edition is useful for individuals involved in issues surrounding both the exporting from the U.S. and re-exporting U.S.-origin goods and technology, as well as for transactions involving embargoed countries and their products. Offering a detailed analysis of licensing requirements and exceptions from a well-known expert in the field, the book also provides convenient access to the relevant excerpts from the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).
Blending information with practical application, Eric L. Hirschorn's in-depth analysis of the key U.S. export restrictions on 'dual use' goods, software and technology, defense articles, technology and services, and nuclear equipment and technology, along with the rules governing dealings with embargoed countries, make this an invaluable asset for legal practitioners in the export industry. Any lawyer or government official involved in embargo issues can easily access necessary information using the detailed Table of Contents and thorough index. Law students preparing for a career in trade law will also benefit from the book's accessible style.

For undergraduate courses in the Legal Environment of Business. The single most up-to-date text available for the Legal Environment course. The Legal Environment of Business and Online Commerce examines how the current legal environment, government regulation, and e-commerce environment impact today's business decisions. The cases in this text are cutting-edge, exciting, and engaging, and the reasoning of each case is presented in the language of the court. The seventh edition includes many new cases, statutes, and features.

This insightful book presents a legal and economic analysis of inter-firm cooperation through networks as an alternative to vertical integration. It examines comparatively various forms of collaboration, ranging from consortia to multiparty joint ventures and from franchising to dealerships.Collaboration among firms of different sizes helps to overcome numerous weaknesses of the modern western industrial systems. It permits the governing of vertical disintegration without increasing fragmentation and transaction costs and allows firms to benefit from resource complementarities, favoring division of labour. The contributing authors, primarily focusing on Europe and the US, address important ways in which legal systems provide a framework for inter-firm coordination. It is clear from the analysis that significant obstacles to collaboration still remain, and the authors call for legal reforms at European and Member States level. This book will prove to be invaluable to academics and law-makers from both economics and law disciplines who are interested in organizational innovation and competitiveness to increase efficiency and redistribute power along the supply chain. Contributors include: C. Aubert de Vincelles, F. Cafaggi, S. Clavel, F. Gomez, S. Grundmann, D. Scalera, S. Whittaker, A. Zazzaro

Subrogation: Law and Practice provides a clear and accessible account of subrogation, explaining when claimants are entitled to the remedy, how they should formulate their claims, and what practical difficulties they might encounter when attempting to enforce their subrogation rights. Although subrogation is a remedy that is frequently claimed in Chancery and commercial practice, the reasons why it is awarded and the way it works can often be misunderstood. In this text authors aim to present the subject in clear and simple terms through a structure that is readily accessible and of benefit to practitioners. Following an introductory overview, and discussion of the rules which determine the discharge of obligations by payment, the book is divided into three parts. Part II considers subrogation to extinguished rights, and explains all the consequences of the House of Lords' finding in Banque Financiere de la Cite v Parc (Battersea) Ltd that this form of subrogation is a remedy for unjust enrichment. The discussion examines the requirements that the defendant has been enriched, and that this enrichment has been gained at the claimant's expense. It also considers the most important reasons why a court might find that a defendant's enrichment is unjust, the defences which can be raised to a claim, the form of the remedy, and additional practical issues. Part III looks at insurers' claims to be subrogated to their insureds' subsisting rights, and carefully analyses the substantial body of case law on this subject which has built up over the past two hundred years. Finally, Part IV concerns the special insolvency rules which entitle claimants to acquire an insolvent party's subsisting indemnity rights against a third party. The discussion takes in claims under the Third Parties (Rights against Insurers) Act 1930 and claims by the creditors of trustees to be indemnified out of the trust estate. This work explains the underlying principles and practical operation of subrogation and is a readily accessible guide for the busy professional.

This book provides original, diverse, and timely insights into the nature, scope, and implications of Artificial Intelligence (AI), especially machine learning and natural language processing, in relation to contracting practices and contract law. The chapters feature unique, critical, and in-depth analysis of a range of topical issues, including how the use of AI in contracting affects key principles of contract law (from formation to remedies), the implications for autonomy, consent, and information asymmetries in contracting, and how AI is shaping contracting practices and the laws relating to specific types of contracts and sectors. The contributors represent an interdisciplinary team of lawyers, computer scientists, economists, political scientists, and linguists from academia, legal practice, policy, and the technology sector. The chapters not only engage with salient theories from different disciplines, but also examine current and potential real-world applications and implications of AI in contracting and explore feasible legal, policy, and technological responses to address the challenges presented by AI in this field. The book covers major common and civil law jurisdictions, including the EU, Italy, Germany, UK, US, and China. It should be read by anyone interested in the complex and fast-evolving relationship between AI, contract law, and related areas of law such as business, commercial, consumer, competition, and data protection laws.

The Franchising Code of Conduct (the Code) is a mandatory obligation for all systems operating in Australia, and takes a comprehensive approach to disclosure, relationship laws and dispute issues. Expert author and leading practitioner Peter Buberis takes a critical view of this regulatory framework, evaluating the threads that make up the Code that directs the franchising industry in Australia. Including chapters on the areas of disclosure, good faith, and intellectual property, Buberis takes a comprehensive approach in exploring the Code's development through its consideration and enforcement by the Regulator and the courts. Looking at recent case law, the chapters indicate continuing points of concern about the Code, and give cognisance to a recent Parliamentary review which may enhance its operation if adopted. For professionals in the franchising industry, and anyone looking to understand more about the Code that governs Australia's franchises, this is a comprehensive guide that engages and analyses this key piece of legislature.

This book is the first-ever to explore commercial arbitration in the Ethiopian context. Alternative conflict resolution mechanisms are nothing new to the country: arbitration as a dispute settlement mechanism by which a third party issues a binding decision on a dispute between two or more parties by exercising the jurisdictional mandate conferred on it by the parties themselves was established with the adoption of the Civil Code in 1960. This pioneering book evaluates the extent to which Ethiopia's laws and institutions allow disputing parties to effectively reap the benefits of international commercial arbitration. It interprets the relevant legislation and attempts to bridge the gaps in it, in order to help lawyers, arbitrators, arbitral institutions, academics and judges to understand and apply it. It also helps parties seeking to complete international transactions pertaining to Ethiopia make the right choice regarding conflict resolution.

In response to pirate attacks in the Western Indian Ocean, countries worldwide have increasingly authorized the deployment of armed guards from private military and security companies (PMSCs) on merchant ships. This widespread trend contradicts states' commitment to retain a monopoly on violence and discourage the presence of arms on civilian vessels. This book conceptualizes the extensive use of PMSCs as a form of institutional isomorphism, combining the functionalist, ideational, political and organizational arguments used to account for the privatization of security on land into a synthetic explanation of the commercialization of vessel protection.

This handbook will guide you through the process of deciding whether you should do business in the European Union and what should you expect once you decide you will. It focuses on how E.U. competences or authorities affect the typical U.S. company, what regulatory issues are presented and specific procedures and practices of the European Union.
Beginning with the sophisticated nature and structure of the European Union, this guide explains how E.U. institutions operate, and then summarizes key areas of law relevant to the business community. It is designed to prepare a lawyer or business executive for issues that they might encounter when they first move goods and services between the European Union and the United States.
Detailed descriptions address each E.U. regulatory agency; the functions of E.U. authorities including customs union, internal markets and European Monetary Union; common policies, foreign and security policy, cooperative agreements, intergovernmental cooperation in the field of justice and home affairs. Addresses, phone and fax numbers, and useful e-mail addresses of important E.U. authorities and business related offices are added for easy reference.
In this navigational guide you will find clear and easy-to-understand explanations on E.U. importing and exporting requirements and you will learn the basic operational differences between European Union and United States institutions.

This book explores whether global music copyright law and the performers' rights regime (PRR) have been able to improve the economic position of artists, as they were originally intended to. The author investigates whether this regime effectively addresses contemporary issues regarding royalty payments and cover songs in Sri Lankan music, drawing on the empirical findings of a case study she conducted on the Sinhala music industry. She finds that the PRR developed internationally and implemented in Sri Lanka is predicated on a particular view of the role of performers and their relationships with other actors in the music industry; although this view can be found in the USA, UK and India, it does not seem to reflect the established practices and relationships within Sri Lanka's contemporary music industry. While providing a socio-historical and legal analysis of these differing industrial settings and investigating the manner in which they impact the PRR's (in)ability to deliver improved economic security for Sinhala singers, the book also offers policymakers recommendations on how to supplement current national copyright law and the PRR in order to provide a secure economic position for music artists in Sri Lanka.

Fiduciary duties are widely viewed as essential to myriad private relationships, including guardianships, employment relationships, trusts, business organizations, and professional relationships. Recently, legal scholars and courts have devoted increasing attention to the application of fiduciary principles to public officials and public institutions. Some have argued that fiduciary relationships are unified by a common structure, but courts and commentators typically treat each fiduciary relationship as distinct. As a result, fiduciary law is often viewed as fragmented. The Research Handbook on Fiduciary Law shows that fiduciary law can be a distinctive field of study in its own right. This timely work presents important accounts of fiduciary relationships and new ideas on how fiduciary law can be explained. Coverage includes discussion of fiduciary obligations, fiduciary remedies, the role of equity and trusts, and public fiduciary law. A number of comparative perspectives are introduced to highlight similarities and differences between leading jurisdictions. The chapters in this Research Handbook help to show why this subject has drawn so many distinctive points of view, and sheds new light on a multi-faceted and rapidly growing field of study. This Research Handbook will be of interest to readers concerned with both the theory and practice of fiduciary law, as it incorporates significant new insights and developments in the field. It will also act as a starting point of new inquiry for those looking to contribute to the field themselves. Contributors include: S.M. Bainbridge, S.L. Bray, C.M. Bruner, M. Conaglen, E.J. Criddle, D.A. DeMott, E. Fox-Decent, S. Galoob, M. Gelter, A.S. Gold, M. Harding, G. Helleringer, C. Hill, J. Hill, L.P.Q. Johnson, S.H. Kim, A. Laby, E. Leib, A. Licht, B. McDonnell, P. Miller, D.T. Rave, D.G. Smith, A. Tuch, J. Velasco

'Saidov has produced a detailed and highly readable text that considers in turn the methods of limiting damages, the determination of loss and the calculation of damages. It will doubtless become a first point of reference for academics and practitioners alike.' Martin J Doris, Edinburgh Law Review The second edition of this internationally acclaimed book explores damages for breach of an international sales contract, one of the most important and frequently invoked remedies. The focus is on the international contract law instruments such as the Convention on Contracts for the International Sale of Goods (CISG), the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. The book draws on the experience of some major legal systems and engages with legal scholarship on the international instruments and on contract damages, providing the most comprehensive, in-depth and thorough examination of damages under the instruments to date. The second edition is updated, reflecting the latest developments in legal thinking on contract damages. It incorporates around 60 new cases and now covers more than 370 cases decided by courts and arbitration tribunals from around the world. The new edition is substantially revised, including new commentary on damages for a documentary breach. Truly international in spirit, this book is analytically rigorous and practically oriented, offering distinctive analyses of, and solutions to, some of the most challenging problems surrounding contract damages.

Comprehensive coverage of Shipping Law, covering both wet and dry shipping and taking a commercial and practical perspective on the issues covered. The book's wide-ranging overview of the subject allows students to use it on a variety of LLM-level courses such as Maritime and Shipping Law, Admiralty Law, Law of the Sea, Carriage of Good by Sea and International Trade Law. Clear and student-friendly content. Students new to Shipping Law, from non-English speaking jurisdictions and from non-law backgrounds will find the accessible narrative particularly helpful.