Foreign Legal Representation in Arbitral Proceedings: The Case for a Liberalized Legal Services Sector in Emerging Economies

2015 ◽  
Author(s):  
Ikemefuna Stephen Nwoye
2015 ◽  
Vol 16 (1) ◽  
pp. 26-33
Author(s):  
B. Begolli ◽  
A. Lajçi

Governments of countries with emerging economies usually are not very successful in providing safe and sufficient potable water and adequate wastewater services to their citizens. The reasons vary from inadequate institutional structures to chronic under-investment in water infrastructure. To address this, governments embark on reforms based on commonly accepted principles of good governance such as: separation of policy, regulation and service delivery; protecting customer interests; and ensuring financial viability of water utilities and restructuring them so as to benefit from economies of scale and economies of scope. Kosova initiated water sector reforms in 2000 based on five pillars: (i) establishment of a legal and institutional framework, (ii) consolidation of 30 municipal water utilities into seven regional entities, (iii) incorporation in line with corporate governance principles, (iv) establishment of an independent economic regulator and (v) ownership and pushing of reforms by government. The paper describes the challenges encountered in implementing these reforms which, as far as the institutional and legislative framework is concerned, were successfully completed by 2008. Also, the difficulties associated with consolidation of newly created institutions resulting from the reform and defining their roles in the water services sector are described in the paper.


2018 ◽  
Vol 60 (6) ◽  
pp. 1377-1392 ◽  
Author(s):  
Moinak Maiti

Purpose The purpose of this study is to detail about the India’s service sector with different aspects of services and the opportunities or challenges that lie within it. Design/methodology/approach Preliminary part of the study covers the following details of the India’s services sector: services gross domestic product (GDP), individual states/union territories’ services contributions, services foreign direct investment (FDI), services export, services employment, services inflation and overall service performance. Then the study compares India’s services sector performances with the top 15 services performance countries in the world in terms of GDP. Findings Study found R&D services, legal services, media and broadcasting services and “internal trade and repairs services” to be the potential services sub-sectors that will boost the services sector growth in future. Finally, the study concluded with the implication of the present study finding/results for the present Indian Government policies related to the services, trade, FDI for economic growth and employment. Practical implications The study has significant public policy content. The research focuses on the economic and commercial impact, mainly by practice. Originality/value The paper is original and brings out some valuable finding that will help the policymakers and economists to make policy decision regarding India’s services: sector, trade and employment. The study has found R&D services, legal services, media & broadcasting services and internal trade and repairs services as the potential services sub-sectors which are new and not addressed by any other studies.


2019 ◽  
pp. 1117
Author(s):  
Sarah Buhler ◽  
Michelle C. Korpan

There is currently a gap in Canadian empirical research examining the impacts of legal representation in legal aid and clinic settings. This article advocates for addressing the research gap and suggests how such research could be pursued. Empirical data is crucial to making the case for ongoing investments in publicly funded legal assistance and to ensuring the effectiveness of such assistance. Yet current research, mainly from American studies, tends to focus narrowly on litigation outcomes. This leaves many aspects of the impact of legal representation unclear, particularly regarding service delivery for vulnerable and marginalized clients. Research must examine clients’ own experiences and perspectives of legal processes so as to better reflect the complex relationship between legal representation and justice.


2016 ◽  
Vol 3 (2) ◽  
pp. 273-297 ◽  
Author(s):  
Sida LIU ◽  
David M. TRUBEK ◽  
David B. WILKINS

AbstractGlobalization is rapidly changing the landscape of law practice in China, especially its corporate legal sector. This article reports on the preliminary findings of the China research of the Globalization, Lawyers, and Emerging Economies (GLEE) Project—a comparative study that examines how globalization is reshaping the market for legal services in important emerging economies and how these developments are contributing to the transformation of the political economy in these countries and beyond. Adopting an ecological approach, which examines how different segments of the legal system interact with one another in complex ways, this article maps the corporate core, international linkages, and domestic contexts of China’s globalizing corporate legal sector and discusses its impact on lawyers and society.


2017 ◽  
Vol 24 (3) ◽  
pp. 98
Author(s):  
Cosmos Nike Nwedu

The provision of legal aid to underprivileged and vulnerable citizens who could not have ordinarily been able to provide for self legal representation and access to the court system is infrequent in many societies today, especially in most developing countries. There is also an observed non-inclusiveness in the delivery of legal aid. These have starkly resulted to a gap that impacts administration of justice negatively. However, the emergence of clinical legal education (CLE) at different law schools and universities around the world becomes a remedial approach both to increasing the consistency and breadth of legal aid activities, including promoting inclusiveness. CLE is gradually assuming a great height of unprecedented importance and progress in academic curriculum globally. Many universities and law schools have begun to incorporate law clinics into their educational curriculum not just as an essentially approved aspect of their legal education or a novel course of study that involves different pragmatic approaches of engaging law students on learning, but also as a practical mechanism for providing unmatched pedagogy that focuses on diverse lawyering skills successively maximized in providing free legal services to those citizens whose survival depends on the public mercy. This paper discusses how the engagement of university law students from CLE perspective helps to enhance the provision of legal aid to underprivileged and defenseless citizens. Consequently, Ebonyi State University (EBSU) Law Clinic model is used for a methodological case study analysis to that effect. EBSU is a State University in Nigeria and has effectively run its Law Clinic since inception till date, combining both empirical and theoretical approaches in providing pro bono oriented legal services to unprotected Nigerians. The paper further examines the modus operandi of the EBSU Law Clinic and highlights significant reasons why the Clinic stands to be a reference practice model.


1981 ◽  
Vol 6 (4) ◽  
pp. 1023-1048 ◽  
Author(s):  
Janet A. Gilboy

This article draws together materials portraying appointed counsel services in a variety of jurisdictions to illustrate the role of court organization in shaping legal services to indigent defendants. Many criminal courts are bifurcated into preliminary hearing and trial courts. Legal representation of indigents is frequently organized to parallel these stages. As a result, indigent defendants receive defense services from a succession of different lawyers at different stages of their cases. This occurs in three ways. First, some defendants legally eligible for appointed counsel at the inception of their cases have counsel appointed for them only at the trial court after initially employing their own counsel at the preliminary hearing. The dual court system encourages such one-stage representation by private lawyers by facilitating their withdrawal between stages of a case. Second, indigents may also have different private lawyers appointed to represent them at different stages because judges, interested in efficiently running their court calls, desire that particular lawyers represent indigents in their courtrooms. Finally, defender offices often assign different lawyers to different stages as a result of both the demands by judges that defenders be assigned exclusively to their courtrooms and the costs of delivering continuous legal services in a tiered judicial system. For indigent defendants the sequential system of representation may adversely affect the quality of case preparation and undermine a sound attorney-client relationship.


2018 ◽  
Vol 1 ◽  
pp. 27-56
Author(s):  
Hernán Alejandro Morero ◽  
Josefina Sonnenberg Palmieri ◽  
Ana Valentina Fernandez

Given the substantial growth that software and IT sector has had in the last decade, it becomes relevant to measure the impact that this expansion has had on the development of emerging economies. Specifically, the study of the FLOSS production activity is relevant given its contribution to the Knowledge Intensive Services Sector. The aim of this study is to design an innovation survey for the software sector that considers the FLOSS activity separately. Moreover, the paper describes an extensive systematization, evaluation and analysis of diverse technological surveys carried out on the software activity and the FLOSS surveys available specified at a firm level, as a way to collect all the possible background which allows proposing a questionnaire that measures the particularities of FLOSS.


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