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As simple as the arbitrability question might appear (namely, what types of issues may and may not be submitted to arbitration), for a legal system to set a clear and consistent approach to arbitration, it must consider many complicated factors that relate to public policy and economic priorities as well as international relations. This comprehensive, precise, and practical book identifies and analyzes the fundamentals of, and major approaches to, arbitrability in the current international context. The authors focus on nine major arbitration jurisdictions—the United States, Canada, France, England and Wales, Switzerland, Germany, China (Mainland), Hong Kong, and Singapore—with meticulous attention to each jurisdiction’s pertinent case law and legislative framework as well as relevant commentary. For each jurisdiction, the arbitrability of disputes in the following fields of law is discussed: antitrust/competition; bankruptcy/insolvency; consumer; corporate; family/domestic relations; intellectual property (copyright, patent, and trademark); labor/employment; securities; and torts. Based on the jurisdiction-by-jurisdiction analysis, the authors identify key areas in which the selected jurisdictions share similarities and evince differences with respect to each of the above-mentioned fields. With a structure that enables readers to easily locate what they are looking for and gives clear-cut answers, this unique book fully elucidates the notion of arbitrability by identifying the key concepts, the applicable rules, and different criteria for arbitrability and by explaining how different jurisdictions deal with specific types of disputes. It will be welcomed by counsel, arbitrators, judges, students, and academics active in international arbitration and the enforcement of arbitral awards.
Nic Frances is a social entrepreneur. He once worked for charity. This is the story of how he came to understand that charity can never deliver a just and sustainable world. It is only through a value-centred market economy that we will ever see real social change. Breaking new ground and drawing on his encounters with business and social leaders around the world as well as his own richly-lived experiences, Nic Frances leads us through his principles of social entrepreneurship. He introduces us to the powerful idea that the market can be a tool for delivering a range of values besides profit. He explains the growing recognition that corporate social responsibility benefits businesses as well as the community and that welfare organisations will only be really effective when they start exploring social enterprise and corporate partnerships. The End of Charity is as hopeful and as it is inspiring. It heralds a breakthrough to lasting change to the seemingly intractable problems of poverty, injustice and environmental sustainability. It is a book for everybody who cares about the future.
A new and substantially revised edition which looks critically at the broad effect and conceptual underpinnings of corporate insolvency law.
Retaining the popular and accessible style of previous editions, this updated textbook examines the areas of company law studied in an undergraduate course, helping students to grasp the complexities of this fast moving subject.
In The Handbook of Canadian Higher Education Law, experts examine key legal issues in postsecondary education. Establishing the current governance arrangements for Canadian postsecondary education within a historical context, the editors provide a detailed look at the legislative framework of postsecondary education and the role of the federal and provincial governments in organizing, regulating, and funding these institutions. Individual chapters analyze and expound on legal issues associated with institutional governance and management, identifying laws that define the rights and freedoms of faculty and students, and the obligations of the institutions towards them. Contributors engage with a wide range of issues associated with community activities - such as research ventures, knowledge mobilization, commercial activities, partnerships with industry, and land development projects that are hosted by postsecondary institutions. Presenting a wide range of documentary analysis and study of case law, legislation, regulation, and policy, this essential contribution to public policy determines current and emerging legal issues facing the academy.
This book explores the persistence of the governance gap with respect to the human rights-impacting conduct of transnational extractive corporations operating in zones of weak governance. The authors launch their account with a fascinating case study of Talisman Energy’s experience in Sudan, informed by their own experience as members of the 1999 Canadian Assessment Mission to Sudan (Harker Mission). Drawing on new governance, reflexive law and responsive law theories, the authors assess legal and other non-binding governance mechanisms that have emerged since that time, including the UN Guiding Principles on Business and Human Rights. They conclude that such mechanisms are incapable of systematically preventing human rights violating behaviour by transnational corporations, or of assuring accountability of these actors or recompense for victims of such violations. The authors contend that home state regulation, while not a silver bullet, has a crucial role to play in regulating such conduct. They pick up where UN Special Representative John Ruggie’s Guiding Principles on Business and Human Rights left off, and propose an innovative, robust and adaptable template for strengthening the regulatory framework of home states. Their model draws insights from the theoretical literature, leverages existing public, private, transnational, national, ‘soft’ and hard regulatory tools, and harnesses the specific strengths of state-based governance. This book will be of interest to academics, policy makers, students, civil society and business leaders.
The GHG Protocol Corporate Accounting and Reporting Standard helps companies and other organizations to identify, calculate, and report GHG emissions. It is designed to set the standard for accurate, complete, consistent, relevant and transparent accounting and reporting of GHG emissions.
The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.
A comprehensive guide to companies legislation in a convenient paperback volume. Written from the perspective of the 2006 regime, it gives detailed section-by-section commentary alongside the Companies Act 2006 and surviving parts of the previous legislation as well as including the text of relevant statutory instruments.