This year, the "Yearbook Commercial Arbitration" has reached the milestone of thirty years of documenting the law and practice of international commercial arbitration. The Yearbook provides up-to-date and informative material to arbitration scholars and practitioners in the form of arbitral awards and court decisions, as well as newly adopted or amended arbitration rules. An indispensable feature of the Yearbook is the reporting on the 1958 New York Convention, which in this volume includes the greatest number of cases yet - 79 court decisions from 12 countries throughout the world. These cases are indexed and linked to the General Editor's earlier-published Commentaries on the New York Convention, facilitating research on any aspect of the Convention. The Yearbook also contains recent court decisions applying the 1961 European Convention, the 1975 Inter-American Arbitration Convention and the UNCITRAL Model Law on International Commercial Arbitration, as well as leading cases on topical issues from a variety of jurisdictions. Austrian, French, German, Italian, Russian, Spanish and Swedish decisions are translated into English, giving the reader access to material which might otherwise be inaccessible. Arbitral awards made under the auspices of the Iran-US Claims Tribunal, the International Court of Arbitration of the International Chamber of Commerce, the German Maritime Arbitration Association and the Hamburg Friendly Arbitration deal with procedural and substantive issues of general interest to the business and legal communities. New and amended rules adopted by the China International Economic and Trade Arbitration Commission (CIETAC), the China Maritime Arbitration Commission (CMAC) and the International Chamber of Commerce (ICC) are reproduced and information is provided on arbitration legislation recently enacted in Chile, Denmark, Norway, Philippines and Poland. A Bibliography and List of Journals keep the reader up-to-date on relevant literature. The worldwide scope and variety of the materials of the Yearbook assure the reader of a comprehensive annual overview of international commercial arbitration.

Legal Do's and Don'ts in Venture Capital Transactions goes a long way to fulfilling the need of practitioners and entrepreneurs to structure cross-border venture capital transactions that are not only initially successful but enjoy continued profitability with the strength to overcome inevitable obstacles. It will be warmly welcomed by the venture capital and private equity community throughout the world.

Delay clauses in construction contracts are notoriously inadequate when invoked. The inherent, evidentiary uncertainties surrounding the causes and effects of project delays render them not only difficult to resolve when a dispute arises, but also difficult to regulate contractually. It is not surprising, then, that the governing law of the contract often plays a role when it comes to interpreting and applying contractual clauses dealing with delays, such as liquidated damages clauses and time extension clauses. And in many jurisdictions the governing law, while asserting the parties' right to contractual freedom, in fact fully or partly disables such clauses by restraining the employer's right to claim liquidated damages or imposing unfair contract terms rules. In this book well-known practitioners from twelve countries that attract large-scale international construction projects describe and analyse the interpretation and application of delay clauses under the laws of their respective countries. In each of their presentations the reader will find in-depth responses to the following questions: * Is the employer required to demonstrate a loss in order to claim liquidated damages? * Can the employer claim damages for delay as an alternative or in addition to a claim for liquidated damages? * Under which circumstances can the employer defeat a clause limiting the contractor's liability for delays? * Do interim delays trigger claims for liquidated damages? * How are claims for liquidated damages calculated and enforced? * Can the contractor claim a reduction of the employer's claim for liquidated damages? * Under what circumstances can the contractor or the employer claim an extension of an agreed time limit and who owns the 'float'? * How are concurrent delays dealt with? * Does the law impose any notice requirements on the employer in regard to claiming liquidated damages? * Under which circumstances does a delay warrant termination of the construction contract? In addition, each author includes a brief description of the construction law environment in his or her country and highlights pitfalls and advantages to be aware of when dealing with a standard construction contract, such as the FIDIC Red Book, in that country. As an eminently practical guide to relevant local law for project managers, engineers, consultants and others concerned in the administration and planning of major construction projects, this book will prove to be a very welcome resource. It will also be very helpful to legal advisors involved in the drafting and negotiation of major international construction contracts and/or in dispute resolution proceedings.

To what extent did English law facilitate trade before the advent of general incorporation and modern securities law? This is the question at the heart of Capitalism before Corporations. It examines the extent to which legal institutions of the Regency period, especially Lord Eldon's Chancellorship, were sympathetic to the needs of merchants and willing to accommodate their changing practices and demands within established legal doctrinal frameworks and contemporary political economic thought. In so doing, this book probes at the heart of modern debates about equity, trusts, insolvency, and the justifiability of corporate privileges. Corporations are an integral part of modern life. We bank with corporations, we usually buy our groceries from them, and they provide us with most news and media. We take it for granted too that most large-scale business, and even much small-scale business, is carried out by corporations. Things were not always so. Televantos considers the Bubble Act of 1720, which criminalised the forming of corporations without a Royal Charter or Act of Parliament, its repeal in 1825, and the subsequent impact. Much of the modernisation of Britain's industry therefore took place before general incorporation was allowed. Unaided by statute, traders had to create business organisations using the basic building blocks of private law: trusts, partnership, and agency.

This book offers a comprehensive account of the transatlantic regulatory cooperation phenomenon: its causes and political context in a globalizing economy, its theoretical understanding, its relationship to trade and competition, its implications for democracy, and its likely directions in the future. This book recognizes that, while national authorities are still the principal actors in regulatory fields, regulation is increasingly an international affair.

We seem to be living at a time when insurance is strained to the breaking point. From hurricanes and earthquakes to terrorist attacks and threats of nuclear devastation, enormous risks to life and property - and accompanying liabilities - proliferate on an unprecedented scale. Insurer insolvency is not yet common, but it is not unusual either. And at the root of such failures often lies the compound failure of uncollectable reinsurance. This book proposes that a significant part of the emerging insurance crisis results from inadequate regulation of reinsurance. In a detailed and cogent analysis of what an effective regulatory regime for reinsurance must entail, the author examines such factors as the following: direct supervision of reinsurers versus supervision of reinsurance policies; models from developed countries (US, UK, EU) and international organizations (Organization for Economic Cooperation and Development, International Association of Insurance Supervisors); the importance of taking legal and economic differences into account while applying models; the problem of local protectionism, especially in developing countries; the dismantling of trade barriers in the reinsurance industry; global harmonization of reinsurance regulation; the role of reinsurance intermediaries; finite risk reinsurance; and insurance-linked securities. The author's concluding chapter presents an essential legal infrastructure that allows for efficiency, security, and individual market characteristics. Professor Wang then applies this framework to the Taiwanese insurance market, demonstrating convincingly how his proposed regime can solve specific problems while respecting Taiwan's distinct market environment.

The concept of corporate governance has come under intense public scrutiny in recent years. Business people everywhere are asking: What exactly does 'good' corporate governance entail? Which aspects of it are legally binding, and in what ways is it merely a set of expectations on how corporations should be organized ideally? Nowhere are these important questions answered more precisely - nowhere are the lines more clearly drawn - than in the insightful synthesis of statutory law, case law, and organizational theory presented in this book. Recognizing that the concept of 'good' corporate governance is not dramatically different from one jurisdiction to another but represents an international phenomenon that has to a reasonable extent the same characteristics everywhere, the author proceeds, with detailed analysis, through a series of issues that (he shows) make up the brunt of corporate governance. Each of these issues in turn gives rise to such specific problem areas as the following: * board compensation and executive compensation; * unitary and dual board structures; * monitoring management; * legal parameters of 'mismanagement'; * the 'supervisory gap'; * audit, selection and appointment and remuneration committees; * director tenure and retirement policy; * risk management and risk reporting; * corporate safety culture; * conflicts of interest; * whistleblower arrangements; * aims of the regulation of public takeover bids; and * defensive tactics in case of a hostile public takeover bid. These problems - and many others - are examined in the light of corporate governance codes and guidelines and of reports and judgments that deal with specific instances where investigators or courts were asked to analyze corporate governance issues in concrete cases. Each of the ten chapters includes in-depth analysis of such cases. A special feature of the book is a set of model corporate governance guidelines based on US corporate practice. Corporate Governance as a Limited Legal Concept is remarkable for its very thorough characterization and definition of corporate governance as a legal concept, as a code of conduct, and as an organizational structure. The author's clearly reasoned analysis of the legal limits of corporate governance will be of great interest and practical value to business people and their counsel in any jurisdiction.

This provocative book investigates the relationship between law and artificial intelligence (AI) governance, and the need for new and innovative approaches to regulating AI and big data in ways that go beyond market concerns alone and look to sustainability and social good. Taking a multidisciplinary approach, the contributors demonstrate the interplay between various research methods, and policy motivations, to show that law-based regulation and governance of AI is vital to efforts at ensuring justice, trust in administrative and contractual processes, and inclusive social cohesion in our increasingly technologically-driven societies. The book provides valuable insights on the new challenges posed by a rapid reliance on AI and big data, from data protection regimes around sensitive personal data, to blockchain and smart contracts, platform data reuse, IP rights and limitations, and many other crucial concerns for law's interventions. The book also engages with concerns about the 'surveillance society', for example regarding contact tracing technology used during the Covid-19 pandemic. The analytical approach provided will make this an excellent resource for scholars and educators, legal practitioners (from constitutional law to contract law) and policy makers within regulation and governance. The empirical case studies will also be of great interest to scholars of technology law and public policy. The regulatory community will find this collection offers an influential case for law's relevance in giving institutional enforceability to ethics and principled design.

The History of Corporate Law by the Foremost Legal Historian, James Willard HurstThis study, which is based on a series of lectures delivered at the University of Virginia Law School, explores the development of corporate law from the 1780s, a time when the special charter was the only form of incorporation, to the 1960s, a time when corporations were established exclusively through general incorporation statutes. More than a chronicle, Hurst emphasizes how legal institutions actively shaped the central traits of American capitalism. CONTENTSAnalytical Table of ContentsIntroduction: Time, Place and SubjectI.From Special Privilege to General Utility, 1780-1890II.Legitimacy: Utility and Responsibility, 1890-1970III.Institutional Contributions to PolicyConclusion: The Social Impact of Corporation LawBibliographyIndexJames Willard Hurst 1910-1997] revitalized the field of American legal history with The Growth of American Law (1950) and helped establish the study of law and American society in Law and Social Process in United States History (1960). He had a particular interest in the ways society and law influenced one another. He was a professor of law at the University of Wisconsin Law School.

Countries are increasingly introducing data localization laws and data export restrictions, threatening digital globalization and inhibiting cloud computing's adoption despite its acknowledged benefits. Through a cloud computing lens, this multi-disciplinary book examines the personal data transfers restriction under the EU Data Protection Directive (including the EUUS Privacy Shield and General Data Protection Regulation). It covers historical objectives and practical problems, showing why the focus should move from physical data location to effective jurisdiction over those controlling access to intelligible data and control of access to data through security measures. The book further discusses data localization laws' failure to solve concerns regarding the topical and contentious issue of mass state surveillance. Its arguments are also relevant to other data localization laws, cross-border transfers of non personal data and transfers not involving cloud computing. Comprehensive yet accessible, this book is of great value to academics in law, policy, computer science and technology. It is also highly relevant to cloud computing/technology organisations and other businesses in the EU and beyond, data privacy professionals, policymakers and regulators.

Experience has shown that the complex issues raised by cross-border insolvencies cannot be adequately addressed by existing national bankruptcy law regimes. In order to deal effectively with such emerging factors as multi-jurisdictional intellectual property rights and contractual issues surrounding employment or immovable property - as well as such long-standing problem areas as choice of law and recognition of judgments - a system of international bankruptcy and insolvency law is needed. This monograph shows how such a system is ready to hand in Europe and potentially available at a global level. As an obvious step in this direction, Professor Torremans examines the EU Regulation on Insolvency Proceedings. He analyses all its provisions in detail, and sets out the solution it puts in place, partial and imperfect as it may be. He concludes that within the EU this Regulation promises to improve matters substantially, and that it bodes well to become a model for international co-operation in this area. To demonstrate the need for a coherent cross-border insolvency law regime, Professor Torremans first describes two very different national approaches, those of Belgium and the United Kingdom. He explores these two traditional approaches in detail, stressing their practical applications, and finds neither system can offer a satisfactory solution in a cross-border context. Finally, recognising that this problem does not stop at the EU's borders, Professor Torremans examines the UNCITRAL Model Law in detail to see whether it does indeed make a useful contribution.

The safety obligation in any employment relationship, enshrined in numerous laws and regulations, must necessarily absorb advances in medicine and technology. The law of health and safety at work is perhaps best understood as an ongoing process engaged in the making of a dynamic and effective regulatory framework able to cope with an ever-changing work environment. This book, an in-depth survey of the current state of health and safety law in Europe represents the work of labour lawyers involved into the Pontignano International Seminars and into the European Working Group on Labour Law (EWL). The seventeen contributing labour lawyers provide national reports from ten EU Member States, along with a chapter on EU law relating to health and safety and a concluding comparative analysis. Among the topics examined are the following:; the concepts of 'health', 'danger', and 'risk'; employers' obligations to inform, evaluate, and monitor; rights and duties of workers' representatives with regard to health and safety at work;; the obligation to carry out a systematic work environment management; reintegration efforts required from the employer and employee; instruments available to help the employer in the proper fulfilment of safety obligations; the interaction between health and safety regulation and the social security system; labour inspection;; civil, administrative and criminal liability of the employer; specific legislation regarding pregnant women; protection of other vulnerable groups; moral harassment or 'mobbing'; sexual harassment; work-related stress;; the concept of penibilite au travail; effect of a company's hierarchical structure on liability; and domestic workers and home-workers.

The book provides readers with an overview of the unique features of German business and enterprise law and an in-depth analysis of the organs of governance of German public limited companies (general meeting, management board, supervisory board). In addition, approaches for reforms required at the international level are also suggested and discussed, including, among others, the unique interplay and dynamics of the German two-tier board model with the system of codetermination, referring to the arrangement of employees sitting on the supervisory boards of German public limited companies and private companies employing more than 500 employees; also covered are significant recent legal developments in Europe.The book highlights the core function of valuation and financial reporting at the international, European and German levels, with accounting as the documentary proof of good corporate governance. Corporate governance encompasses the free enterprise system, which is treated comprehensively in this book from a German perspective. This distinguishes the book from other books written in English in this subject area, not only because of the comprehensive way it covers German corporate law and corporate governance, but also because of the fact that it provides international and European perspectives on these important topics.The book is addressed to researchers, practitioners and basically anyone with an interest in the complex, but intriguing areas of corporate law and corporate governance.

Private International Law (PIL) in Europe is marked by fragmentation and complexity. At EU level, thus far six separate regulations determine the applicable law in different fields of the internal market (e.g. contractual/non-contractual obligations, divorAce, succession). While their scope and structure are similar, they do not offer a coherent picture of EU PIL. Moreover, the regulations do not address certain issues at all. To make matters even more complicated, national PIL rules of the Member States apply for areas not yet covered by EU PIL. This state of affairs has sparked a debate on whether a set of general rules or perhaps a special regulation (''Rome '') could help to reduce this complexity. But no common position, even on the scope of such a set of rules, has been reached yet.This book begins by taking a step back. It systematically and exhaustively analyses existing PIL rules and issues in EU and national legislation, covering all EU Member States in the process. It then demonstrates that the characteristics of PIL themselves imply a framework for ''general issues'' independently from language, codification or underlying legal tradition. This is largely due to the common elements of PIL rules, i.e. subject matter, connecting factor, and governing law. Taking this further, the book concludes with possible implications for the EU from a law and policy perspective.

Market necessity for large concentrations of capital and the growing number of legal obligations placed upon those who handle other people's money have made conflict of interest and duty issues increasingly important in recent years. This work identifies conflicts of interest and duty within the financial services industry under Japanese and English law and examines their resolution and management. Little comparative research has so far focused on Japan and the UK, especially in the financial services industry. However, the influence of English common law pragmatism and the prominence of Japan and its financial institutions in the world economy make a detailed comparison of English and Japanese systems particularly important in this area of the law. The book explores, in legal and social terms, the notion of conflicts of interest and the social and cultural differences between the two jurisdictions in dealing with these conflicts. It examines specific issues of conflict and legal duty and legislative regulation, provides practical advice, and suggests ways forward to help minimize exposure to the consequences of conflict. Among those who should find the book useful are regulators and legislators involved in framing and implementing policy, business people concerned with compliance, their legal advisors, and others in the global financial community. The text may also appeal to those interested in comparative research in English and Japanese law.

This study of entrepreneurship in Europe is a greatly expanded and updated version, in English, of the author's thesis published in Dutch in 1996. Its analysis focuses on "bottlenecks" and cross-border problems confronting European entrepreneurs in the areas of income tax, corporate income tax, and value-added tax. Four countries are chosen as representative of all the tax systems existing within the EC: The Netherlands, Germany, France and the United Kingdom. The author spares no detail in his examination, explaining such important elements and distinctions as the following: how the entrepreneur is viewed under the varying tax regimes and in the different countries; entrepreneurship and the professions; incentives; sources of income; partnerships; companies and shareholders; calculation of taxable profit; justification for a separate corporate income tax; taxation of foundations and societies; and the possibility of fiscal unity among Member States for VAT purposes.

Successive UK governments have pursued ambitious programmes of private sector competition in public services that they promise will deliver cheaper, higher quality services, but not at the expense of public sector workers. The public procurement rules (most significantly Directive 2004/18/EC) often provide the legal framework within which the Government must deliver on its promises. This book goes behind the operation of these rules and explores their interaction with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); regulations that were intended to offer workers protection when their employer is restructuring his business. The practical effectiveness of both sources of regulation is critiqued from a social protection perspective by reference to empirical findings from a case study of the competitive tendering exercise for management of HMP Birmingham that was held by the National Offender Management Service (NOMS) between 2009 and 2011. Overall, the book challenges the Government's portrayal of competition policies as self-evident sources of improvement for public services. It highlights the damage that can be caused by competitive processes to social capital and the organisational, cultural and employment strengths of public services. Its main conclusions are that prison privatisation processes are driven by procedure rather than aims and outcomes and that the complexity of the public procurement rules, coupled with inadequate commissioning expertise and organisational planning, can result in the production of contracts that lack aspiration and are insufficiently focused upon improvement or social sustainability. In sum, the book casts doubt upon the desirability and suitability of using competition as a policy mechanism to improve public services.

This work contains the full text of the papers presented at the second Tax Law History Conference in July 2004. The Conference was organised by the Cambridge Law Faculty's Centre for Tax Law. The papers range widely in terms of period - from the Old Testament to the twentieth century - and geographical areas, with papers on matters relating to not only the United Kingdom but also Canada, Australia and the US. The matters discussed are also broad and include the concept of taxation developed by Adam Smith and his fellow United Kingdom writers of the Enlightenment, problems of adjudication in tax law and of access to justice for taxpayers, definitions of income and its UK subset 'total income', capital gains tax, stamp duty on newspapers, the wartime excess profits tax, the nature of tithes, the strange tale of Jasper Moore, the real nature of the decision in the Duke of Westminster case, the demise of wealth transfer taxes in Canada, the nature of the US corporate tax and debates in the US about whether to raise war finance by issuing bonds or levying tax. As a whole the papers illustrate not only the wide variety but also the real depth of the issues waiting to be investigated in this rapidly growing field of scholarship.

"Manual para formar un sindicato" Jaramillo La Historia del Sindicato nico de Trabajadores del Colegio de Bachilleres Guerrero (SUTCOBACH) es la historia de un sindicato desde sus or genes en los 80's hasta la poca actual, narrada por quienes han sido parte de ella, sus dirigentes. Al dibujar el contexto nacional y estatal que moldearon la formaci n del sindicato, El Maestro: Mi compromiso y mi lucha, personifica los vaivenes que como maestros afrontamos d a a d a, el mantenernos firmes en nuestro compromiso con la educaci n y la lucha que desde siempre se ha mantenido por el respeto a nuestros derechos.