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Cross-border direct investment constitutes a substantial sector of
the international financial market and is also an important vehicle
for the transfer of technology and the modernisation of national
economies. In recent years, international arbitration has gained a
prominent role as a means of settlement of foreign investment
disputes. The number and size of investment disputes under
arbitration have risen significantly due to the growing number of
bilateral investment treaties and increased use of arbitration
under multilateral investment treaties. Arbitrating such disputes
requires specialised skills and arbitrators with international
experience. This new title, featuring contributions from leading
experts in the field, deals with the procedural and substantive
legal aspects of arbitrating foreign investment disputes. The
chapters cover the basic framework of investment protection, the
key notions of investment protection and examples and crucial
aspects of arbitrating foreign investment disputes. For those
involved with international investment arbitration, including
practising lawyers, anyone doing business abroad and academics
Arbitrating Foreign Investment Disputes: Procedural and Substantive
Legal Aspects will provide high level analysis and accurate legal
updates and assessments from around the world.
Although electronic banking is rapidly overtaking direct
bank-to-customer and bank-to-bank contact - and seems to be moving
forward without serious problems - the law governing this
telecommunication-based business is not always clearly defined in
relation to certain issues that arise with ever-greater frequency,
especially in cross-border transactions. This book investigates the
applicable legal consensus for this issue, based on existing
legislation and relevant judicial decisions. The legal issues in
question arise from events, activities, and actualities treated in
this book. Eighteen authors - bankers, lawyers, and academics -
contribute their expertise to elucidate the issues and their
implications. They draw their legal analyses from international
norms such as the UNCITRAL Model Law, relevant EC directives and
draft directives, the United States Uniform Electronic Transaction
Act (UETA) and E-Sign Act and other national laws, as well as from
numerous court decisions in Europe and the United States. The
essays are based on papers originally presented at a conference
sponsored by the Law Centre for European and International
Cooperation (R.I.Z.) and held at Cologne in April 2001.
This work provides a comprehensive analysis of the role of
non-judicial dispute settlement in international financial
transactions. Whereas arbitration and non-judicial dispute
settlement mechanisms are of growing importance in international
economic transactions, their present and future role in financial
transactions is not yet fully explored. This publication aims to
fill this gap in the literature and includes analyses of bank
remedies, direct negotiation and mediation in financial and
business conflicts, debt renegotiations, restructuring of
syndicated loans, arbitration in project financing, and the roles
of the ICC, NAFTA and OAS. Some of the expert papers focus in
particular on the role of arbitration and dispute resolution in
Latin America, Greater China and Russia. The text is based on the
edited and revised papers of an international conference - part of
a global series of conferences held in 1999 on the "New
International Financial Architecture" - organized by the Law Centre
of European and International Cooperation (R.I.Z., Cologne), the
Centre for Commercial Law Studies (London), the Asian Institute of
International Financial Law (Hong Kong), and the SMU Institute of
International Banking and Finance (Dallas).
Cross-border mergers and acquisitions are an imperative part of the
accelerated economic globalization of our time. Cross-border
transaction volume now accounts for almost one-third of global
M&A activity and this number will only increase as business
world-wide continues to expand. The complex legal issues to be
handled in such transactions encompass the co-ordination of
different concepts of corporate governance and capital market
regulations in the laws involved, as mirrored by the intense debate
on M&A law making within the European Union, and for example,
Germany. Lawyers engaged in the M&A practice will inevitably be
confronted with cross-border transactions and will have to
appropriately counsel their clients in the variable aspects of the
law. This book, based on an international conference held by the
Law Centre for European and International Cooperation (RIZ) in
co-operation with the Centre of Commercial Law Studies, the Asian
Institute of International Financial Law, and the SMU Institute of
International Banking and Finance, provides a comprehensive
exploration of the legal implications of a cross-border merger or
acquisition. Applying a comparative approach, the compilation of
articles by professors, practitioners and bankers provides thorough
information on relevant topics. In addition to this, case studies
analyzing the Daimler/Chrysler Merger and the British
Petroleum/Amoco Merger have been included to illustrate the impact
that different structures can have on the success of a business
combination.
This "Liber Amicorum" is written in honour of Richard M. Buxbaum to
celebrate his 70th birthday. It pays tribute to his writings,
teachings, editorial and administrative work, which have
contributed immensely to the development of the international legal
order. The contributions are from international experts in the
field of commercial and economic law, corporate law, intellectual
property and business law, and give an interesting and valuable
account of current economic trends and academic thinking.
In a time of global banking and financial services, globalized
money and capital markets, this is a study of German banking law
and practice. The articles are designed to cover the subject and
take a systematic approach. They are written by experts from
authorities, banks and universities. The idea for the book was born
in a conference on German and Chinese banking law, held in
Beijing/China on October 6th-8th, 1997, and co-sponsored by the Law
Centre for European and International Cooperation, Cologne, and the
China University of Political Science and Law, Beijing. Inspired by
this conference, the authors wrote their contributions in 1998 with
due regard to the comparative and international legal perspective
of the subject.
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