by Brittany Prelogar, Laura Ardito and Jeanne
Kiobel v. Royal Dutch Petroleum
Co. is before the U.S. Supreme Court. At issue is whether corporations can be
held liable under the Alien Tort Statute which permits aliens to file suit in
By Chrysthia Papacleovoulou
Cyprus offers tax benefits, tax
efficiency, and administrative ease for companies doing business in and with
the country. These attributes make Cyprus an attractive and favorable
jurisdiction for cross border transactions...
Autores Elise Groulx y Lew H. Diggs
La globalización puede ser una
fuente de violaciones a los derechos humanos y al medio ambiente que
desencadenan la responsabilidad penal y civil de las empresas y sus ejecutivos.
En zonas afectadas por...
by Leonardo Rocha e Silva and Jose Alexandre Buaiz Neto
On 29 May 2012, the new
Brazilian Competition Act (Law No. 12529, enacted on 30 November 2011) (Act)
became effective, replacing the former law enacted in 1994. The new Act will...
by William H. Byrnes IV, Robert J. Munro, and Amy
The United Kingdom is is ranked
as the 3rd largest economy in Europe and 7th worldwide. It ties New York in
rank as the largest financial hub in the world. Despite extensive anti-money...
by Michael V. Pergamenshik
The introduction of narrower
timeframes, online notification of potential creditors, electronic bidding,
creditor substitution and a roughly sketched mechanism of cooperation in cross-border
bankruptcy proceedings in Ukraine's...
by Gabriela Anton
The 2011 Romanian Civil Code
(Civil Code) institutionalized two new mechanisms that may function as security
instruments using transfer of title: the sale with an option to repurchase and
the retention of title. Under...
by Joseph Lookofsky
In light of the decision by the
Belgian Supreme Court in Scafom International v. Lorrain Tubes (2009), American
contract law practitioners need to be aware of the relationship between an
exemption from liability for non-performance...
by Jeff Simser
Money laundering has generally
been defined as a process under which "dirty money" produced by
criminal activity is turned into "clean money" and moved into the
economy in places less likely to attract the attention...
by Alicia Sánchez
On 1 August 2011, Spain amended
its companies law (Ley de Sociedades de Capital) to accord with European Union
law. EU Directives aim to strengthen shareholder's rights in listed companies
and to ensure cross border...
Concerning bribery, focus is on laws with international reach (the US Foreign Corrupt Practices Act, the UK's Bribery Act 2010), local laws are often overlooked. One is a Saudi Council of Ministers Resolution on the defense industry. One can run afoul...
For the past year or two,
foreign cloud providers -- particularly some based in the EU -- have been
making claims and insinuations about the scope and use of the Patriot Act in an
attempt to secure a marketing advantage over their US competitors. This...
by Carlos de Sousa e Brito
There is a major sea change
ahead for the registration of vessels, as some European legislation is being
prepared to convince ship owners to register their vessels in the European
Union (EU). Germany, for example...
We often hear about how China's merger review "diverges" from other jurisdictions, most recently in reaction to conditional approvals of the Seagate/Samsung and Western Digital/Hitachi mergers. But China's MOFCOM is merely...
by Hamud M. Balfas
On 22 November 2011, Indonesian
President Susilo Bambang Yudoyono finally signed the Financial Services
Authority bill ( Otoritas Jasa Keuangan , or the OJK), enacting Law No.
21/2011 (Law 21). Law 21 was enacted to...
Recent Lebanese and French court precedents show an extensive application of the common law theory of estoppel; the rulings are based upon various, but similar, legal reasoning, such as the inadmissibility for a party to contradict itself to the detriment...
Last Spring, Canada decided to
follow the US and added an exception to its State Immunity Act, removing
jurisdictional immunity for states that support terrorism. The government
issued a list of foreign states that support terrorism. Iran and Syria...
by Lawrence A. Kogan
The International Tribunal for
the Law of the Sea ("ITLOS") in ARA Libertad found grounds to expand
its compulsory subject matter jurisdiction to review international law concepts
not expressly incorporated within...
Le printemps dernier, le Canada
a decide d'ajouter une nouvelle exception dans sa Loi sur l'Immunite des Etats
en privant de l'immunite juridictionnelle les etats qui supportent le
terrorisme. Le gouvernement etablit une liste d'etats...
By Walter Stuber
A new law for the Brazilian legal regime of debentures was established in June 2011, which introduced important changes to the Brazilian Corporation Law (BCL). 1 The law's aim is to improve and adapt the system to which debentures...
The European Court of First Instance has recently confirmed Microsoft's abuse of its dominant position as against European competition law. This Commentary, by Robin van der Hout, a lawyer at KRB Kemmler Rapp Bohlke (EU Law Office in Brussels) and...
By Fabian D'Aiello
Regulations in emerging markets, particularly in Argentina, pose an ever-changing and difficult-to-assess scenario that can complicate investment decisions. In recent years, added to changes in regulations restricting certain...
Premium Nafta Products Ltd. v. Fili Shipping Co. Ltd. is a seminal decision by the United Kingdom's highest court, the House of Lords, that seeks to widen the straits that had narrowed the role of arbitrators and independence of arbitration clauses...
A primary goal of arbitration is to reduce the time and costs involved in settling disputes by resolving matters out of court. A well-drafted arbitration clause is the key to ensuring that the arbitration meets its primary goal of avoiding unwanted court...
Judicial appeals from Caribbean Community (CARICOM) states account for a large part of the UK Councils work, despite the establishment of a Caribbean Court of Justice as the regions final court of appeal. Lord Phillips, the President of the UK’s...