The Comparative Law Yearbook Of International Business

The current volume of the Comparative Law Yearbook of International Business addresses a variety of issues relating to the regulation of business entities and investment, as well as a range of general issues. In the fields of business entities and investment, practitioners from Panama, Brazil, Chile, Russia, Gibraltar, Canada, Singapore, Romania, Indonesia, and Hong Kong examine protection of minority shareholders, antitrust and competition law, securities regulation, corporate taxation, fund administration and management, joint ventures, protection of foreign investment, regulation of mutual funds, and corporate governance. Commentators from Nigeria, the United States, Japan, Spain, and The Netherlands also review issues relating to copyright and trade mark protection, court jurisdiction, insolvency, and telecommunications.

The Comparative Law Yearbook of International Business, published under the auspices of the Center for International Legal Studies, in this 41st volume spans an arc from nuanced discussion of the notion of ‘creativity’ under various copyright regimes and product designations over corporate organization, acquisition and criminal conduct, regulation of payment services and tax evasion to dealing with disruptive behaviour in international arbitration. The authors, practitioners and academics from Japan, Poland, Romania, Greece, Turkey, Iran, Spain and England bring a medley of perspectives addressing developments and pressing legal issues for businesses that are engaged in international commerce and investment, such as the difficulty of prosecuting corporate crimes, disincentives for tax offenders to cooperate with authorities, and new paradigms for banking. What’s in this book: Among the broad spectrum of aspects, the book covers such issues and topics as the following: – reorganization of the concept of creativity by functions; – designation of products, business and entrepreneurs; – dividend distribution in public companies; – tax evasion, disproportionate punishment and lack of remedies; and – transposition of the European Payment Services Directive 2. How this will help you: As a scrutiny of the updated developments in the legal fields, this Yearbook helps readers gain insight into national and regional perspectives on the interpretation of laws. The presentation of the reports aids in understanding the impact of such legal developments in practice. Thus, this book serves as a source of knowledge for lawyers and academics to comprehend the changing legal rules and regulations and to confidently apply them in solving problems.

This edition of the Comparative Law Yearbook of International Business provides a general examination of issues vital to the world’s economic recovery. In the field of company law, practitioners examine changes in Russia’s corporate law and the new Ukrainian law governing joint-stock companies. In the area of competition law, lawyers review Serbia and Bulgaria’s new laws on the protection of competition and the private enforcement of Articles 101 and 102 in Europe’s national courts. Dispute resolution occupies two chapters, one dealing with best practices for drafting arbitration clauses and the other set aside, recognition, and enforcement of private commercial arbitration awards. A further two chapters treat employment and labor matters relating to distribution and commercial representation, indemnity upon termination, and processing personal data in the employment context of Hungary. In the area of financial services, practitioners from five jurisdictions deal with fiduciary duty, the European Commission’s proposed Directive on Alternative Investment Fund Managers, Swiss disclosure rules on significant shareholdings, restructuring and refinancing routes for mortgage-secured debt in Spain, and insurance laws and regulations in Nigeria. Foreign investment is examined by two authors, reporting on 2008 and 2009 developments in investment treaty disputes and foreign investment in Indonesia. Intellectual property issues are reviewed in chapters relating to the use of intellectual property as collateral in secured financing and intellectual property licensing in Canada. Finally, lawyers treaty a variety of other issues, including the tax law of Liechtenstein, European Union-Israel trade in the automobile sector, insolvency risk and creditors’ rights in Peru, the modernizing of trust law in Hong Kong and bridging cultural differences in international Transactions.

The Comparative Law Yearbook of International Business, published under the auspices of the Center for International Legal Studies, in this 43rd volume spans an arc of timely and challenging concerns for business law practitioners and academics alike. It discusses: how arbitrability of intellectual property rights disputes might improve worldwide IPR enforcement; how the “disregard of legal entity” may be used to establish implied consent by a person or entity that is not a signatory to an arbitration agreement; how an effective cross-border insolvency framework under the Indian insolvency and bankruptcy code can borrow from the UNCITRAL Model Law’s and other jurisdictions’ approaches to the tension between “universality” and “territoriality”; how a promising new mediation act for Pakistan may help resolve a backlog of millions of cases in a jurisdiction with a patchwork of traditional and modern alternative dispute resolution mechanisms; how the European Union seeks to balance the taxation of digital services; how Brazil is addressing the taxation of offshore indirect transfers; how private equity capital structures in the unique market of professional sports create opportunities as well as risks; how Securities Market Regulation theory plays a role in the organization and development of active securities markets, particularly in emerging markets; and how non-signatories can be bound by arbitration agreements in Brazil through “disregard of legal entity” to ascertain implied consent. The authors are practitioners and academics from Brazil, England, France, India, Pakistan, Singapore, the United States and Uzbekistan. They offer a broad and diverse perspective on some of today’s pressing business law issues in a shrinking world.

The thirty-sixth issue of the Comparative Law Yearbook of International Business examines issues spanning commercial law, corporate law, insolvency law, intellectual property, damages, international treaties, and international competitiveness.

In this thirty-eighth volume of the Comparative Law Yearbook of International Business, once again practitioners and experts in a variety of legal fields examine issues from national and regional perspectives. Authors from Germany, Japan, Nigeria, and Poland deal with issues relating to data protection and privacy. Investment and infrastructure topics are examined by authors from Brazil, Colombia, Greece, and the United States. Subjects ranging from corporate responsibility, patent infringement litigation, and credit portfolio transfers to medical and family leave, food and beverage product representations, and distribution agreements are treated by authors from Belgium, Hungary, Ireland, Japan, Latvia, and the United States.

This is the fortieth volume of the Comparative Law Yearbook of International Business, and it includes reports by practitioners and experts from Argentina, Australia, Belgium, Germany, India, Italy, The Netherlands, Slovakia, Turkey, and the United States who deal with topics from national and regional perspectives. Authors from Australia and Turkey examine issues relating to investment. Authors from Italy, India, and Slovakia treat matters concerning corporate law. Authors from Germany, Italy, India, and the United States report on topics dealing with litigation and dispute resolution. Authors from Argentina, Belgium, and The Netherlands deal with issues relating to restrictive covenants, commercial law, and trade secrets.

The thirty-seventh issue of the Comparative Law Yearbook of International Business examines current issues and developments under the broad headings of finance and investment, corporate law, contracts, and dispute resolution. In the finance and investment section, practitioners examine issues relating to the recapitalization of Greek systemic banks, foreign investment in Brazil's healthcare sector, and Spain's Venture Capital Act. The acquisition of companies in Peru and the "responsible corporate officer" doctrine are examined in the corporate law section. In the contracts section, lawyers discuss remedies for breach of contract in Brazil, Italian contractual aspects of cloud computing, incorporating UNIDROIT principles into international commercial contracts, and setting up distribution channels in Brazil. Four subject areas are considered under the dispute resolution heading: expert determination in merger and acquisition disputes, the enforcement of international arbitral and judicial decisions, the recognition and execution of foreign arbitral awards in Cyprus, and investor-state arbitrations.