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Purpose in Corporate Governance
This volume contains contributions from the Journée de droit de l'entreprise co-organised by the Centre for Business Law of the University of Lausanne (CEDIDAC) and the Enterprise for Society Centre (E4S) – a joint venture of the University of Lausanne, IMD and EPFL –, on 25 May 2021. Contributions by Mathieu Blanc and Jean-Luc Chenaux, Isabelle Romy, Henry Peter and Aurélien Rocher, Jonathan Normand, Damiano Canapa and Aurélien Barakat, Jean-Pierre Danthine and Florence Huguard, Giulia Neri-Castracane, and Boris Nikolov provide an extended overview of the latest developments regarding the increased importance in company law of social elements such as gender equity, human rights and environmental protection.
Rethinking Reserves in the Swiss Code of Obligations
This work examines reserves in the recently revised Swiss Code of Obligations, which will enter into force 1 January 2023. The analysis focuses on their creation and dissolution, and distinguishes between reserves formed by the board and reserves formed by the general assembly. By focusing on an instrument in the banking sector, the reserves for general banking risks, this work investigates the general assembly’s possibility to delegate the power to form further reserves to the board of directors based on the articles of the association. This question is analyzed in the context of companies limited by shares, limited liability companies, and cooperatives. Finally, the effects of such a delegation and the consequences in a practical view of going to court are analyzed through the Federal Supreme Court’s judgment in a similar topic of delegation.
Conflict of Interest in Global, Public and Corporate Governance
Conflict of interest occurs at all levels of governance, ranging from local to global, both in the public and the corporate and financial spheres. There is increasing awareness that conflicts of interest may distort decision-making processes and generate inappropriate outcomes, thereby undermining the functioning of public institutions and markets. However, the current worldwide trend towards regulation, which seeks to forestall, prevent and manage conflicts of interest, has its price. Drawbacks may include the stifling of decision-making processes, the loss of expertise among decision-makers and a vicious circle of distrust. This interdisciplinary and international book addresses specific situations of conflict of interest in different spheres of governance, particularly in global, public and corporate governance.
International Practice of Law
This liber amicorum celebrates the sixtieth birthday of Thomas Baumlr and Robert Karrer, who set up their international law practice more than 28 years ago. Contributions in the book are from outstanding practitioners and scholars in the field of international law, many of whom are experienced authors. The liber amicorum comprises sixteen articles on topics ranging from business law to arbitration and from a global perspective.
Dealing with Bribery and Corruption in International Commercial Arbitration
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standard...
Post Award Issues: ASA Special Series No. 38
The arbitral tribunal's responsibilities and tasks often do not end when it has rendered it's award. Tribunals may be called to interpret their awards or correct clerical errors, the award may be sent back to them for amendments; arbitrators may have to comment on their awards or may be called as witnesses; they may be invited to continue even though all pending disputes have been decided; their fees may be challenged or they may have to claim tax reimbursements. These and other issues that arbitrators, parties and institutions have to face once the award has been rendered are examined by leading authorities.
Executory Contracts in Insolvency Law
Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
Major Companies of Europe 1992/93
Volumes 1& 2 Guide to the MAJOR COMPANIES OF EUROPE 1992/93, Volume1, arrangementofthe book contains useful information on over 4000 of the top companies in the European Community, excluding the UK, over 1100 This book has been arranged in order to allow the reader to companies of which are covered in Volume 2. Volume 3covers find any entry rapidly and accurately. over 1300 of the top companies within Western Europe but outside the European Community. Altogether the three Company entries are listed alphabetically within each country volumes of MAJOR COMPANIES OF EUROPE now provide in section; in addition three indexes are provided in Volumes 1 authoritative detail, vital information on over ...
Private Law in the International Arena
Private Law in the International Arena analyzes a wide variety of effects that cross-border activities have on the operation of private law, ranging from corporate and insolvency law to labor law, property law, the law of obligations, family law, European law and lex mercatoria. Civil procedure aspects, in national courts and arbitration proceedings, are also explored. This book provides a unique source of insights into the problems encountered and their possible solutions. All contributions have been written in honor of an eminent Private International Law scholar, Prof. Dr Kurt Siehr.
Business Law in Europe
This book is intended to serve as a guide to businessmen and their advisers, either from outside the Common Market or from within, who seek basic information on questions in three main fields: company law and related legal matters, taxation, and labour law. For those who wish to establish an enter prise or form a holding or financing company in one of the Member States of the Common Market (including Greece, of course) or Switzerland this guide offers a unique opportunity to compare conditions in the various countries in the three fields. This is facilitated by the strict adherence to one format for each national chapter. Those who are already present in one or more of the eleven countries w...
