Authors:Paulius Miliauskas Pages: 109 - 131 Abstract: Legal discussions in the context of corporate governance have for some time been dominated by the agency problems and possible legal solutions and strategies to solve them. However, little attention has been paid to the contractual means (including shareholders' agreements) to regulate relationships among shareholders and their relations with other corporate constituents. The aim of this paper is to show that shareholders' agreements can be used to mitigate some of the conflicts in the corporate governance field. The concept of the shareholders' agreement as well as a brief discussion on the comparative aspects of legal regulation in the Republic of Lithuania, the Kingdom of Belgium and the UK is provided in the article. Empirical data on the availability of shareholders' agreements in the publicly listed companies in the selected jurisdictions is also presented. Keywords: company law; shareholders; shareholder agreements; corporate governance; shareholder protection; conflicts of interest; agency problems; contractual approaches; contracts; shareholder relationships; corporate constituents; comparative law; legal regu Citation: International Journal of Private Law, Vol. 6, No. 2 (2013) pp. 109 - 131 PubDate: 2013-04-02T23:20:50-05:00 DOI: 10.1504/IJPL.2013.053011 Issue No:Vol. 6, No. 2 (2013)
Authors:Bobette Wolski Pages: 132 - 149 Abstract: This paper identifies some recent trends in international commercial dispute resolution including efforts to make transnational litigation more attractive, the sense of crisis said to pervade the arbitration community and the growing interest in the use of mediation as an alternative to, or as a component of, arbitration. It takes a critical look at the efforts of UNCITRAL and the ICC to support the use of mediation. Using the theory and principles of dispute systems design, it seeks to explain why UNCITRAL's model law on International Commercial Conciliation and the ICC's ADR clauses and rules have not had a significant impact and why mediation continues to be underused. The paper examines potential obstacles to increased use of mediation, particularly, the lack of recognition given to agreements to mediate and mediated settlement agreements. It concludes with some observations about the future use of mediation and arbitration in the resolution of international commercial disputes. Keywords: international arbitration; commercial arbitration; dispute systems design; mediation clauses; mediated settlements; mediated agreements; International Chamber of Commerce; ICC; international disputes; commercial disputes; UNCITRAL; United Nations; UN Citation: International Journal of Private Law, Vol. 6, No. 2 (2013) pp. 132 - 149 PubDate: 2013-04-02T23:20:50-05:00 DOI: 10.1504/IJPL.2013.053012 Issue No:Vol. 6, No. 2 (2013)
Authors:Edward Thomas Canuel Pages: 150 - 192 Abstract: This article examines the import of objective pluralism, applying this methodology to a complex contractual clause embedded within transborder agreements - namely, damages clauses. The review focuses on how damages clauses are interpreted in the US and Norwegian contexts, representing legal systems from the common and civil law legal traditions, respectively. Keywords: objective pluralism; liability; contractual clauses; contracts; contract law; comparative law; transborder agreements; damages clauses; USA; United States; Norway; legal systems; common law; civil law; legal traditions; private law Citation: International Journal of Private Law, Vol. 6, No. 2 (2013) pp. 150 - 192 PubDate: 2013-04-02T23:20:50-05:00 DOI: 10.1504/IJPL.2013.053013 Issue No:Vol. 6, No. 2 (2013)
Authors:Jingbo Zhang Pages: 193 - 205 Abstract: This paper aims to systematically analyse the bank's post-notice obligations in a documentary credit under the framework of UCP600. The paper not only reviews the recent developments in the English court - Fortis Bank & Stemcor v Indian Overseas Bank ([2010] EWHC 84 (Comm); [2011] EWCA Civ 58; [2011] EWHC (Comm) 538), but also examines the methods adopted by the courts to interpret the UCP provisions. Meanwhile, in relation to this case, other useful methods which may effectively explain the bank's obligations are also referred to in this paper. In addition, the paper addresses other important issues concerning the bank's post-notice obligations which are partly ignored by the UCP and the case law, such as the condition of the returned documents. Moreover, some feasible suggestions are put forward in this paper relating to each aspect of the bank's obligations, so as to achieve the purpose of supplementing this incomplete area under UCP600 as well as directing the market practitioners. Keywords: international law; trade law; UCP600; UCP 600; Uniform Customs and Practice; Documentary Credits; letters of credit; ICC; International Chamber of Commerce; banks; banking; notice of refusal; bank obligations; post-notice obligations; Fortis Bank Citation: International Journal of Private Law, Vol. 6, No. 2 (2013) pp. 193 - 205 PubDate: 2013-04-02T23:20:50-05:00 DOI: 10.1504/IJPL.2013.053014 Issue No:Vol. 6, No. 2 (2013)
Authors:Qiao Liu; Xiang Ren; Zhenxing Zhang Pages: 206 - 214 Abstract: This paper outlines and evaluates the current debate on the propriety and feasibility of enacting a national law in the People's Republic of China enunciating a body of general principles overarching various commercial legislations. By way of a critical and comparative appraisal of three most pertinent and promising pieces of materials in this regard - the Regulations of Shenzhen Special Economic Zone on Commercial Matters and two scholarly recommendation drafts - it advocates the enactment of such general principles and suggests the salient features and the essential structure of the future code. Keywords: commercial law; China; regulations; Shenzhen; Special Economic Zones; commercial codes; legal certainty; commercial legislation; legal principles; national laws; private law Citation: International Journal of Private Law, Vol. 6, No. 2 (2013) pp. 206 - 214 PubDate: 2013-04-02T23:20:50-05:00 DOI: 10.1504/IJPL.2013.053015 Issue No:Vol. 6, No. 2 (2013)
Authors:Waldemar Hoff Pages: 215 - 225 Abstract: This article seeks to establish general criteria for benchmarking of national legal systems in the context of their ability to attract investment. It takes into account the 'systemic competitiveness' of business law, which needs to be distinguished from competitiveness of specific provisions of substantive law such as the level of taxation with a particular tax. Keywords: benchmarking; legal systems; investment; taxation levels; global competition; systemic competitiveness; business law; substantive law; taxes; Poland; private law Citation: International Journal of Private Law, Vol. 6, No. 2 (2013) pp. 215 - 225 PubDate: 2013-04-02T23:20:50-05:00 DOI: 10.1504/IJPL.2013.053016 Issue No:Vol. 6, No. 2 (2013)
Proudly sponsored by
LM Information Delivery
One of Europe's leading subscription and information management providers offering cost-efficient solutions for academic and research libraries.
SUNCAT is the largest freely available source of information about
serials holdings in the UK. Researchers are able to locate serials held
in 85 UK research libraries.
(10 followers) 
(23 followers) 
(7 followers) 
[12 followers] Follow 
Subscription journal
[369 journals]
