Governments and Business

2021 ◽  
pp. 365-378
Author(s):  
Tan Cheng-Han ◽  
Jiangyu Wang

This chapter evaluates the deleterious effect of the Covid-19 pandemic on business enterprises in Asia. In these extraordinary and unprecedented circumstances, it was not surprising that governments stepped in to forestall a collapse of markets brought about by the simple fact that ordinary life had been disrupted. Beyond liquidity and stimulus measures taken by central banks that feature in many past recessions, many Asian jurisdictions saw unprecedented provision of financial support and measures to businesses and individuals to tide them over and lessen the risk of insolvency. These measures included temporary moratoriums on financial obligations and debt recovery, relief from other contractual obligations, employment support, increases to the debt thresholds for the commencement of insolvency proceedings, and infrastructure investments. These extraordinary measures, if effective, had the potential to become part of an expanded standard playbook to deal with future economic shocks, and the chapter focuses on them with particular reference to China, Hong Kong, Malaysia, and Singapore.

2019 ◽  
Vol 11 (1) ◽  
pp. 814
Author(s):  
Luís de Lima Pinheiro ◽  
João Gomes de Almeida

Resumo: No Acórdão Tarragó da Silveira, o Tribunal de Justiça da União Europeia responde a uma questão prejudicial colocada pelo Supremo Tribunal de Justiça (Portugal) relativa ao conceito de “ação pendente” previsto no artigo 15.º do Regulamento relativo aos processos de insolvência. O órgão jurisdicional de reenvio pretende saber se o conceito de ação pendente previsto naquele artigo inclui uma ação de condenção do devedor na obrigação de pagamento de quantia pecuniária. Este comentário examina a solução dada pelo Tribunal de Justiça da União Europeia.Palavras-chave: Regulamento relativo aos processos de insolvência; Regulamento (CE) n.º 1346/2000; conceito de ação pendente.Abstract: In the Tarragó da Silveira judgment, the European Court of Justice answers a question referred by the Portuguese Supreme Court of Justice regarding the concept of “lawsuit pending” in article 15 of the Insolvency Regulation. The referring court asks if a debt recovery action is to be considered a pending lawsuit for the purposes of article 15. This case annotation examines and evaluates the solution given by the European Court of Justice.Keywords: Insolvency Regulation; Regulation No 1346/2000; concept of lawsuit pending.


2021 ◽  
Vol 28 ◽  
pp. 109-129
Author(s):  
Arkadiusz Wowerka

The real seat is a recognised, although expressed in different terms, connecting factor of the EU international private law, relating to companies in they different legal relations. Under the regulations unifying particular areas of this law, relevant form the point of view of cross-border operations of companies, the real seat is the connecting factor determining the applicable law in the field of contractual and non-contractual obligations, and the company’s bankruptcy. Furthermore, it deretmines the jurusdiction for insolvency proceedings against the company, and i salso a jurisdictional connecting factor for general civil and commercial matters. The real seat connecting factor may also constitute a connecting factor determining the law applicable to company, accectable under the EU freedom of establishement.


Author(s):  
Peter Dahlin ◽  
Ossi Pesämaa

Abstract Large infrastructure investments are expected to be of sustained value to society for a long time. Such investment projects include, for instance, hospitals, tunnels, sport arenas, power plants, roads, railways, and bridges. They involve a complex organization of contracts and agreements. The client is expected to plan, procure, and determine the critical steps of a project, while the contractor should solve issues raised by the client. Many of these agreements are path-dependent and reflect past routines, experiences, and contacts. As such, many investments tend to return to similar sources instead of replacing routines and collaborations that did not work. This can cause change orders that furthermore reflect consequences such as cost and time overruns. While much is known about these effects in construction projects, this paper sheds light on the drivers of change orders. We build upon a sample of 234 observations responding to a survey on investment planning. The results show that project assumptions are often wrong and inadequate in large investments. Such wrong assumptions are caused by interpersonal and leadership issues, poor planning, or sometimes even intentional profit-seeking. Our results show that clients and contractors have different perceptions and enter contractual obligations differently. The implication is, therefore, that better routines of documentation, more frequent feedback, and more accurate or precise standards may close the gap between planning and what is actually achieved. More precise contractual agreements may also create a better process to procure, manage projects, and allocate resources.


Author(s):  
Shirley Siew ◽  
W. C. deMendonca

The deleterious effect of post mortem degeneration results in a progressive loss of ultrastructural detail. This had led to reluctance (if not refusal) to examine autopsy material by means of transmission electron microscopy. Nevertheless, Johannesen has drawn attention to the fact that a sufficient amount of significant features may be preserved in order to enable the establishment of a definitive diagnosis, even on “graveyard” tissue.Routine histopathology of the autopsy organs of a woman of 78 showed the presence of a well circumscribed adenoma in the anterior lobe of the pituitary. The lesion came into close apposition to the pars intermedia. Its architecture was more compact and less vascular than that of the anterior lobe. However, there was some grouping of the cells in relation to blood vessels. The cells tended to be smaller, with a higher nucleocytoplasmic ratio. The cytoplasm showed a paucity of granules. In some of the cells, it was eosinophilic.


Author(s):  
Bastien Trémolière ◽  
Marie-Ève Gagnon ◽  
Isabelle Blanchette

Abstract. Although the detrimental effect of emotion on reasoning has been evidenced many times, the cognitive mechanism underlying this effect remains unclear. In the present paper, we explore the cognitive load hypothesis as a potential explanation. In an experiment, participants solved syllogistic reasoning problems with either neutral or emotional contents. Participants were also presented with a secondary task, for which the difficult version requires the mobilization of cognitive resources to be correctly solved. Participants performed overall worse and took longer on emotional problems than on neutral problems. Performance on the secondary task, in the difficult version, was poorer when participants were reasoning about emotional, compared to neutral contents, consistent with the idea that processing emotion requires more cognitive resources. Taken together, the findings afford evidence that the deleterious effect of emotion on reasoning is mediated by cognitive load.


2012 ◽  
Author(s):  
Signe-Mary McKernan ◽  
Caroline Ratcliffe ◽  
Margaret Simms ◽  
Sisi Zhang

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