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Demystifying Ancillary Winding-Up : Disapplying Local Substantive and Procedural Rules

Ho, Look Chan - 2008

The Scottish decision in Morris (Liquidator of Bank of Credit amp; Commerce International), Re Petition of The Bank of England is correct that an ancillary winding-up makes good sense and may disapply local procedural rules that do not serve any practical purpose. Owing to a misunderstanding of...

Persistent link: https://www.econbiz.de/10012725916

Lex mercatoria

Calliess, Gralf-Peter - ZenTra - Center for Transnational Studies - 2015

transnational law that develops in international commercial arbitration to govern modern global commerce. According to its opponents … general is characterised by a hybrid mode of governance, which combines institutions of private (norms, arbitration, and …

Persistent link: https://www.econbiz.de/10011266015

Arbitration proceedings under international regime an overview on the Albanian legislation

Spahiu, Artan - In: Juridical Tribune (Tribuna Juridica) 2 (2012) 2, pp. 12-30

example of this context is the international commercial arbitration. The great increase of the international trade and … companies investment in foreign countries is associated with the tendency to transform the international commercial arbitration … the main features of international commercial arbitration will be presented a comparative overview between international …

Persistent link: https://www.econbiz.de/10010739849

Sovereign Debt Restructuring: the Judge, the Vultures and Creditor Rights

Miller, Marcus; Thomas, Dania - C.E.P.R. Discussion Papers - 2006

What role did the US courts play in the Argentine debt swap of 2005? What are the implications for the future of creditor rights in sovereign bond markets? The judge in the Argentine case has, it appears, deftly exploited creditor heterogeneity – between holdouts seeking capital gains and...

Persistent link: https://www.econbiz.de/10005067444

Rational Legal Decision-Making, Value Judgment and Efficient Precaution in Tort law

ZHENG, MINGLI; ANWAR, SAJID - EconWPA - 2005

By reinterpreting Savage axioms as axioms of the social rationality over resource allocations, we derive a social welfare function encompassing individual social values and a social attitude towards distributional inequality. Wealth maximization becomes the purpose of law only if individuals...

Persistent link: https://www.econbiz.de/10005561029

The Significance of Sprint/United Management Company v. Mendelsohn : A Reply to Professors Gregory and Secunda

Rubinstein, Mitchell H. - 2008

In this Essay I reply to Professor David Gregory and Paul Secunda's comments about my principal article, Sprint/United Management Co. vs. Mendelsohn: The Supreme Court Appears To Have Punted On The Admissibility of Me Too Evidence Of Discrimination. But Did it? 102 Nw. U. L. Rev. 264 (2008)....

Persistent link: https://www.econbiz.de/10012772052

Fairness Through Guidance : Jury Instruction on Punitive Damages After Philip Morris v. Williams

Vidmar, Neil - 2007

Punitive damages present a significant issue in American law. Phillip Morris v. Williams - the United States Supreme Court's most recent foray into punitive damages litigation - has once again raised procedural and substantive due process matters regarding fairness to defendants and reawakened...

Persistent link: https://www.econbiz.de/10012775713

A Critical Analysis of the Balco Case

Jain, Tarun - 2008

The decision of the Government of India to disinvest M/s Bharat Aluminum Company Limited, popularly known as BALCO was challenged by the employees of BALCO , State of Chattisgarh (the state in which BALCO is located) and by some public spirited individuals before various High Court and finally...

Persistent link: https://www.econbiz.de/10012725745

Bankers' Liability for Mistaken Receipts and Misdirected Funds

Ho, Look Chan - 2007

Persistent link: https://www.econbiz.de/10012730859

Toward a Federal Common Law of Bankruptcy : Judicial Lawmaking in a Statutory Regime

Levitin, Adam J. - 2007

Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers...

Persistent link: https://www.econbiz.de/10012731895