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This special issue of the Comparative Law Yearbook of International Business examines a variety of issues relating to international dispute resolution. National systems such as Brazil, England and Wales, Hong Kong, India, Italy, Slovakia, the United States, are reviewed. The treatment of special issues ranges from document production, discovery, and ethics to public policy, telecommunications contracts, and expatriate employees. Finally, the issue surveys various topics, dealing with matters such as the general principles of law, international rules, international contract law, consolidation and class actions, and enforcement of arbitral awards.
More than a decade has passed since economist Richard N. Cooper reflected upon the trend toward increasing economic interdependence in the international community: During the past decade there has been a strong trend toward economic interdependence among the industrial countries. This growing interdependence makes the successful pursuit of national economic objectives much more difficult. Broadly speaking, increas ing interdependence complicates the pursuit of national objectives in three ways. First, it increases the number and magnitude of the disturbances to which each country's balance of payments is subjected, and this in turn diverts policy attention and instruments of policy to the re...
International judicial assistance, which is reasonably well settled in criminal law, is still finding its way in civil matters. Here is a very useful survey of problems in this area, describing how they are being handled in various jurisdictions worldwide. The authors examine service of process abroad, obtaining evidence in crossborder litigation, the impact of sovereign immunity, the application of international conventions, and preferred forms of dispute resolution. Contributors include practitioners from both civil law and common law jurisdictions. Published under the Transnational Publishers imprint.
An essential resource for corporate counsel, this accessible text provides detailed practical guidance on international sales agreements, crossborder agency and distribution agreements, franchising, licensing and intellectual property issues, transborder joint ventures, mergers and acquisitions, tax aspects of international transactions, and crossborder dispute resolution. Published under the Transnational Publishers imprint.
The Yearbook offers an important forum for legal practitioners to address and compare practical legal issues of direct interest to their areas of specialisation. Each volume features a comprehensive range of articles written for and by leading practitioners and advisers working within the international business sector. This eighteenth volume contains chapters on: the law relating to banking competition dispute settlement foreign investment and secured transactions general commercial issues facing international businesses the various laws and regulations governing investment and the operating of companies in foreign countries (which should be of great interest to anyone involved with the business of multi-jurisdictional organizations.) banking regulations and the need to obtain security over transactions Other important issues covered in the general section of this volume are those of product safety, restraint of trade, clauses in employment contracts and the remedies available to foreign sellers of goods. All the above topics contribute to making this volume of the Yearbook a valuable tool for international legal practitioners and their clients.
DENNIS CAMPBELL AND MARK MILLER Introduction Within the last decade, there has been significant expansion in both the frequency and quantity of direct foreign investment by Western countries and multinational 1 corporations (MNC's) in the forni of joint ventures in Eastern Europe. These joint ventures, as well as other forms of mutual-cooperation trade arrangements, represent positive evidence of the increasing enthusiasm towards East-West trans actions now found on both sides of the European frontier. The spirit with which Western governments and business interests have sought to expand involvement in the East European market has been well documented. However, there has been relatively litt...
The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.
Joint ventures have become a common vehicle for companies to create strategic alliances with partners that have complementary capabilities and resources, fostering opportunities to exploit distribution channels, technology, or finance in ways not available to the sole partners. Simply put, in a joint venture, two or more parent companies agree to pool defined capital, technology, human resources, risks, and rewards in the formation of a distinct entity under shared control. The complexities of such an arrangement are magnified when the project embraces more than one jurisdiction. In this special issue of the Comparative Law Yearbook of International Business, practitioners who have specialized in domestic and cross border joint venture formations report on their respective jurisdictions as well as particular cross border issues. The volume provides national reports on Brazil, Bulgaria, Chile, China, Cyprus, the Czech Republic, Greece, India, Italy, Japan, Kuwait, Lebanon, The Philippines, Romania, Trinidad and Tobago, Turkey, and Vietnam. European competition law relative to joint ventures, taxation issues in The Netherlands, and governing law also are treated.
The special issue of the Comparative Law Yearbook of International Business deals with the very topical subject of e-commerce. This is an area that has seen an explosion of interest in recent years but, since the increase in the use of the Internet as a vehicle for conducting business transactions has been so rapid, the law has again fallen behind, particularly in the areas of regulation and jurisdiction. The situation is changing, however, with the introduction of both national and international legislation dealing with issues and relating to, inter alia, data protection, privacy, electronic signatures, consumer protection and morality. The authors in this volume provide commentaries on the...