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 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.

Conflict avoidance and resolution have always been primary purposes of the law. Satisfaction with judicial processes has declined in many jurisdictions. After the diversion of many disputes from courts to arbitral tribunals, arbitration has now also become a target of intense criticism.This dissatisfaction with binding third party adjudication of disputes coincides with rising tensions among citizens asking basic questions about what they can expect from each other and their governments in a constantly changing world. One response has been the proliferation of processes between disputing parties that are structured and interactive negotiation and assisted by a neutral third party using specialized negotiation and communication techniques. These processes have been labelled “mediation”. While mediation is not focused on the identification and application of legal rights and duties in the way that adjudication is, its success remains dependent on a legal framework which is still evolving in most jurisdictions and especially across borders. In this edition of the Comparative Law Yearbook of International Business, lawyers from nine jurisdictions examine developments relating not only to the framework for cross-border mediation, such as the Singapore Convention or inter-State disputes, or relating to their countries’ overall approaches to regulating this method of dispute resolution, but also relating to specific issues, such as mediator ethics and conflicts of interest, and even exploring the neural science of conflict dynamics.

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 publication is an index of all articles published in the yearbook from its first year, 1977, to 2004.

The 2006 edition of the Comparative Law Yearbook of International Business examines issues in three major topic categories: Litigation and Dispute Resolution, Investment Vehicles, and Secured Interests in Immovables. Lawyers from Nigeria, the United States, and Ireland review the settlement of investment disputes, the impact of claims on non-United States companies, and claim and dispute resolution under FIDIC. Practitioners from Israel, Panama, Hong Kong, and Belgium treat investment vehicles such as trusts, foundations, and joint ventures and investment visas. Contributors from Brazil, Venezuela, Argentina, and Mexico review the use of security in real property in their respective jurisdictions. Finally, lawyers from Brazil, Canada, the United States, Germany, South Africa, Ukraine, and Romania treat issues ranging from trade mark counterfeiting, registered designs, and telecommunications to criminality in international business transactions, outsourcing, and business immigration.

Shareholder liability was once discussed only in terms of liability for the debts of the corporation in which the shareholders hold interest. That is now a shifting scene, influenced in the main by the emergence of shareholder activism and derivative litigation, with its attendant increase of risk for officers and directors, and “fee shifting” provisions in corporate bylaws, allowing corporations to seek legal fees from unsuccessful shareholder plaintiffs. In this edition of the Comparative Law Yearbook for International Business, practitioners from 10 jurisdictions examine recent developments in shareholder liability. The introductory chapter “Liability of Shareholders in Modern Company Law”, sets the stage for reports from Argentina, Belgium, Brazil, Croatia, Germany, Indonesia, Mexico, Portugal, and the United States.