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This volume contains sections on company law, dispute resolution,
employment law, insolvency law, intellectual property law, taxation
and finance and other general commercial issues. There are a number
of chapters which tackle cross-border issues, such as taxation,
jurisdiction and arbitration, while others concentrate on specific
geographical areas, such as the Asia-Pacific region. Some authors
explore problems in the workplace, including the reduction of the
workforce and incidents of racial discrimination within it, issues
of which all employers need to be aware. Also examined are those
subjects which are ever-present in the life of a business, among
them bankruptcy and insolvency, procurement, intellectual property,
investment, contracts and other matters of company law. Other
chapters comprise an in-depth look at the Vienna Convention on the
"International Sale of Goods", a specialized discussion of patent
second medical use claims, an explanation of how criminal sanctions
are being applied to crimes against the environment, a report of
the devaluation and dollarization of an economy and an interesting
insight into the effects of a nation's culture and traditions upon
its legal system. This volume of the yearbook contains chapters on
a wide variety of issues which arise regularly in the commercial
world, but it also contains discussions on more specialized topics.
These will not only be of use to the practitioners and business
people involved in those areas, but should be useful reading for
those who are not and provide an introduction to subjects which
they may find useful in the future.
This year's volume of the "Comparative Law Yearbook of
International Business deals with various aspects of the
arbitration process. Some of the areas covered include the
appointment of arbitrators, the points to be borne in mind by
arbitrators during the conduct of arbitral proceedings, the
evidentiary procedures involved in arbitration, and the advantages
and disadvantages of arbitration when pitted against conventional
litigation. Crucial to any successful arbitration is good
preparation, in particular the setting down in an arbitral
agreement of the intentions of the parties with regard to any
future disputes that may arise between them. Ideally, the parties
should agree, "inter alia, upon the type of arbitration, the choice
of law, the "situs, and the number and appointment of arbitrators.
The appointment of the arbitrators is a very important
consideration in the conduct of an arbitration procedure. First,
one must decide whether a sole arbitrator or a panel of three or
more arbitrators is preferable in the specific circumstances,
taking into account such criteria as cost, time, complexity of the
issue, and the experience of the arbitrators. These points also, of
course, have a bearing upon whether one chooses to arbitrate in the
first place or whether litigation would be a more suitable route.
Various factors in making these decisions are discussed in detail
by the authors in this volume, and much valuable guidance is given
to those involved in the arbitration process.
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