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Contemporary Issues in Corporate and Competition Law: Essays in Honour of Professor Robert Baxt AO is a festschrift honoring noted academic Professor Robert Baxt AO.
About the Book With the rapid change in statutory environment, Corporate Law has also been evolving at faster pace from past several decades. The complexities in the laws have also been rising, which poses constant challenge to practising professionals. There also exist a lot of issues which perhaps may not be addressed by legislation and delegated legislation, some of which are addressed by the judiciary. The present book is a Compendium of Key Issues under Corporate Laws covering a wide spectrum of subjects in Corporate Laws, in five Volumes. This book brings out issues in Corporate Law covering aspects that professionals face in practice. It also brings out a lot of aspects that readers should be aware of. Legislation and case laws from other jurisdictions have been analysed to provide insight into the issues. Key Features ? Topic-wise detailed analysis of various Corporate Law issues. ? Various issues organised under topic heads addressing the key issues concerning the topic. ? Detailed analysis of statutory provisions along with relevant judicial pronouncements and provisions of allied laws (wherever applicable) for each topic has been provided; e.g. SEBI Act and various Regulations issued by the SEBI. ? Analysis of certain landmark judicial pronouncements. ? Comparative position of various topics between Companies Act, 2013 and Companies Act, 1956. ? Certain new concepts of Companies Act, 2013 explained in detail. ? Rules of interpretation of statutes have been discussed wherever necessary.
Worldwide interest in the recognition and enforcement of arbitral awards has never been higher, and the New York Convention of 1958, currently adhered to by 159 States including the major trading nations, remains the most successful treaty in this area of commercial law. This incomparable book, marking the Convention’s 60th anniversary, provides a fully updated analysis of the Convention’s application from international, comparative, and national perspectives. Drawing on a global conference held in Seville in April 2018 that was actively supported by UNCITRAL, the book’s 27 chapters, by highly qualified international practitioners and academics from different jurisdictions, address the subject with critical eyes, well aware of current developments and future challenges in the field of arbitration. Among the issues and topics covered are the following: Multi-tiered dispute resolution clauses. Applicability of the UN Convention on the Use of Electronic Communications in International Contracts. Complexities of enforcing orders determined by software. Enforcement of annulled awards. European Union law and the New York Convention. Enforcing awards against States and State entities. Sovereign immunity as a ground to refuse compliance with investor-State awards; Enforcement against non-signatories. Public policy exception. Arbitrating and enforcing foreign awards in specific countries and regions, including China, sub-Saharan Africa, and the ASEAN countries. Ample reference is made throughout to leading cases and practice. Familiarity with the intricacies of the New York Convention, as the most universally acknowledged framework in which cross-border economic exchanges can flourish, is essential for judges, practitioners, legal staff, business people, and scholars working with or applying international commercial arbitration anywhere in the world. This book’s combination of highly thought-provoking topics and the depth with which they are addressed will prove invaluable to all interested parties
This volume contains the scientific papers presented at the Eighth International Conference „Perspectives of Business Law in the Third Millennium” that was held on 16 November 2018 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into three chapters: National and International Business Law, Business and Corporate Criminal Law, Labor Law in Business Context. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.
This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.
Lawyers and Clients: Critical Issues in Interviewing and Counseling examines practical and theoretical challenges lawyers face with clients. Each chapter explores a critical issue in interviewing and counseling, such as developing connection across difference, dealing with atypical clients, and using engaged client-centered counseling. Ellmann, Dinerstein, Gunning, Kruse, and Shelleck investigate these issues primarily through detailed analysis of lawyer-client conversations, which invite the reader to consider and critique the lawyer's choices. A key theme is "engaged client-centered lawyering," which emphasizes the importance of client choice and the impact of lawyers on clients, and affirms lawyers' ability to achieve wise engagement with clients.
The Legal and Ethical Environment of Business is a concise presentation of the key business-law topics that ensures every page is relevant, engaging, and interesting to today's learners. Summaries of cases and case excerpts improve student understanding. Plentiful embedded video links expand on topics to shed light on how law and ethics impact real-world business situations. This book encourages students to retain what they learn by understanding the reasons behind the law, rather than simply memorizing facts and cases.
The SAGE Guide to Key Issues in Mass Media Ethics and Law is an authoritative and rigorous two-volume, issues-based reference set that surveys varied views on many of the most contentious issues involving mass media ethics and the law. Divided into six thematic sections covering information from contrasting ethical responsibly and legal rights for both speech and press, newsgathering and access, and privacy to libelous reporting, business considerations, and changing rules with social media and the Internet, the information in this guide is extremely relevant to a variety of audiences. This guide specifically focuses on matters that are likely to be regular front-page headlines concerning topics such as technological threats to privacy, sensationalism in media coverage of high-profile trials, cameras in the courtroom, use of confidential sources, national security concerns and the press, digital duplication and deception, rights of celebrities, plagiarism, and more. Collectively, this guide assesses key contentious issues and legal precedents, noting current ethical and legal trends and likely future directions. Features: Six thematic sections consist of approximately a dozen chapters each written by eminent scholars and practitioners active in the field. Sections open with a general Introduction by the volume editors and conclude with a wrap-up “Outlook” section to highlight likely future trends. Chapters follow a common organizational outline of a brief overview of the issue at hand, historical background and precedent, and presentation of various perspectives (pro, con, mixed) to the issue. “See also” cross references guide readers to related chapters and references and further readings guide users to more in-depth resources for follow-up. This reference guide is an excellent source for the general public, students, and researchers who are interested in expanding their knowledge in mass media and the ethics and law surrounding it.
This volume brings together papers presented at the Ninth International Conference “Perspectives of Business Law in the Third Millennium”, held at Bucharest University of Economic Studies, Romania, on 8th November 2019. It is divided into three sections: “Reconfiguration of administrative law from the perspective of redefining social action and public interest in the state of law”; “Administrative codification in comparative law”; and “Contemporary challenges in European and comparative administrative law”. The book will appeal to practitioners, researchers, students and PhD candidates in juridical sciences interested in recent developments in the field of administrative law at both the international and national levels.