Contract, contrat, Vertrag. The technical terms may differ, the doctrinal details may vary, yet all Western legal systems recognize the abstract concept of autonomously binding oneself through promise and agreement. However, in everyday life such agreements are never simply manifestations of...

Much has been written about the fragmentation of transnational law, and the complexity that derives from the proliferation of normativities transcending the borders of the nation state. However, “globalization cannot exist without the state” (Harry W. Arthurs): the impact of transnational...

Art. 294 of the Labor Code states that, in this Code, employees having leading positions are employed managers,” although it does not stipulate expressis verbis the possibility of the entering of an employment agreement by the manager of the company, the law allows for the extraordinary...

Veil-piercing is an equitable remedy. This simple insight has been lost over time. What started as a means for corporate creditors to reach into the personal assets of a shareholder has devolved into a doctrinal black hole. Courts apply an expansive list of amorphous factors, attenuated from the...

Promises by one party “to indemnify” or “to save harmless” another party take many different forms and appear in many different kinds of contracts. It is clear, however, that not all indemnities possess identical characteristics. So what, then, is the essential characteristic of a...

The licensee under an intellectual property licensing agreement often requests two forms of protection against possible infringements of another’s intellectual property rights. First, a warranty that the licensor is entitled to grant a license of the relevant rights. Second, an indemnity from...

This article seeks to show that the English Court of Appeal’s refusal to recognize the US receivership in Re Stanford International Bank is not faithful to the Cross-Border Insolvency Regulations 2006 and the decision’s precedential value is seriously questionable. The Court of Appeal’s...

This Article expands the concept of resilience into the software and digital contracting ecosystem. It argues that technology law and policy can be tooled in part to adopt an explicit focus on building users’ resilience and sense of self-efficacy, particularly in connection with data privacy...

Do you ask for contract or purchase terms prior to completing your everyday purchases? Do you first read the pizza box before paying the pizza delivery guy or gal? Typical consumers do not ask for or read their contracts prepurchase, and companies have become accustomed to burying purchase terms...

This Article provides a short summary of the distinctions between privacy and confidentiality in domestic arbitration pursuant to non-public parties’ private agreements, and seeks to spark discussion of transparency reforms that respond to effects of these distinctions in that context. It...