Navigating the Common Law Approach to Cross-Border Insolvency

2007 ◽  
Author(s):  
Look Chan Ho
Keyword(s):  
Common Law ◽  
Cross Border ◽  
The Common

Part 2 Specific Issues of Arbitration in Brazil, 15 Post M&A Arbitration

2020 ◽  
Author(s):  
Ferro Marcelo Roberto ◽  
de Souza Antonio Pedro Garcia
Keyword(s):  
Mergers And Acquisitions ◽  
Information Asymmetry ◽  
Dispute Resolution ◽  
Common Law ◽  
Cross Border ◽  
Fertile Ground ◽  
Legal Regimes ◽  
Target Company ◽  
The Common

This chapter addresses post-mergers and acquisitions (M&A) arbitration. M&A transactions provide fertile ground for litigation. These complex transactions usually give rise to a significant level of information asymmetry between the parties regarding the target company. Buyer and seller harbour opposing interests concerning the sale value. Representations and warranties, as well as the allocation of risk among parties, although aimed at facilitating the closing of the transaction, also frequently create tension and give rise to dissonant expectations during the post-closing phase. Cross-border M&A transactions add even more layers of complexity given the different business cultures and legal regimes involved. Even though M&A deals have established standard global commercial practices, which follow the common law framework, they still raise a series of challenges for parties, stakeholders, and legal advisors, generating all types of post-closing disputes. Although there are several means of dispute resolution, M&A parties have reliably chosen arbitration as a method for resolving their disputes in Brazil. The chapter then looks at the issues that most frequently feature in the arbitration of international M&A disputes in Brazil.

scholarly journals Crossborder jurisdiction and assistance in insolvency: The position in Malaysia and Singapore

2017 ◽  
Vol 11 (1) ◽  
pp. 157
Author(s):  
Paul Omar
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Asian Development Bank ◽  
Development Bank ◽  
Insolvency Law ◽  
Asian Development ◽  
Foreign Companies ◽  
Cross Border ◽  
The United Kingdom ◽  
The Common

Malaysia and Singapore are members of the common law family and have 'inherited' their company and insolvency law from models in use in the United Kingdom with influences from Australia. It is the purpose of this article to outline the law in relation to cross-border insolvency, particularly the winding up of foreign companies, the co-operation provisions in bankruptcy and insolvency as well as more recent moves to redevelop insolvency through UNCITRAL and Asian Development Bank initiatives.

Cross Border E-Discovery

2010 ◽  
Vol 11 (3) ◽  
Author(s):  
Karl Geercken ◽  
Kelly Holden ◽  
Michael Rath ◽  
Mark Surguy ◽  
Tracey Stretton
Keyword(s):  
Data Privacy ◽  
Common Law ◽  
The European Union ◽  
Legal Proceedings ◽  
Cross Border ◽  
Disclosure Requirements ◽  
Short Notice ◽  
Privacy Laws ◽  
The Common ◽  
Stored Information

AbstractIn the context of internal or regulatory investigations or other legal proceedings, companies located in Europe may be forced to disclose electronically stored information such as e-mails on short notice in order to comply with any such internal or regulatory request or applicable procedural electronic discovery regulations. These disclosure requirements may have considerable breadth, and non-compliance can lead to severe sanctions.Part I of this article describes the American procedure of e-discovery. Part II provides a brief description of the British concept of e-disclosure and considers how it differs from the American concepts of e-discovery. Part III shows - as one prominent example for civil code jurisdictions in the European Union (for an overview of other jurisdictions see The Sedona Conference, International Overview of Discovery, Data Privacy and Disclosure Requirements, September 2009) - the German regime for e-discovery requests and highlights some data protection issues to be observed. Part IV examines how the conflict existing between the common law concept of e-evidence and the civil law principles could be harmonized. Finally, part V gives some examples of how technology can be used to support e-discovery and to establish processes in compliance with applicable data privacy laws.

29 South Africa

2018 ◽  
Author(s):  
Scholtz Johann ◽  
de Villiers Dawid
Keyword(s):  
South Africa ◽  
Common Law ◽  
Cross Border ◽  
The Common ◽  
Law And Legislation

This chapter discusses the principle of set-off in South Africa in relation to common law and legislation, both outside and within the context of insolvency. It considers set-off between solvent parties and set-off against insolvent parties, along with cross-border issues arising from set-off in both cases. With regard to solvent parties, illegal debts or debts prohibited by statute, or certain debts such as alimony or taxes due to the fiscus, cannot be set off. Debts that have already prescribed prior to the necessary mutuality of debts arises also cannot be set off under the common law. Under insolvency, set-off is not valid and binding unless all the common law requirements exist before the insolvency of one of the parties to an agreement (and when the concursus creditorum is established).

You Name It: On the Cross-Border Regulation of Names

2020 ◽  
Author(s):  
Sharon Shakargy
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Border Crossing ◽  
Choice Of Law ◽  
Cross Border ◽  
The World ◽  
The Common ◽  
The Cross ◽  
National Attitudes ◽  
Globalized World

Abstract Is your name “yours”? Are you free to choose a name for yourself? Does a name withstand border crossing and even the acquisition of new citizenships? In the common law world, the unequivocal answer is yes. However, in civil law, this answer is not so clear. While the global tendency over the last few decades has been towards relaxing the norms governing names, old traditions die hard, and in some cases now re-emerge in other parts of the world. In an ever more globalized world, given widespread immigration, refugees, and people with dual (or even multiple) citizenship, the different national attitudes towards names and the lack of proper cross-border regulation of names is becoming a relevant and pressing question. This Article maps out and conceptualizes the challenge of names by demonstrating the different approaches toward names and suggesting possible cross-border regulation (i.e., choice-of-law rules) that would address this issue for the benefit of the individuals and countries involved.

Is Style of Reasoning a Fundamental Difference Between the Common Law and the Civil Law?

2017 ◽  
Vol 17 (2) ◽  
pp. 238-290
Author(s):  
Colm Peter McGrath ◽  
◽  
Helmut Koziol ◽  
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Fundamental Difference ◽  
The Common

Rediscovering Blackstone: wpływ Williama Blackstone’a na rozwój amerykańskiej nauki prawa w recepcji Alberta W. Alschulera

2017 ◽  
Vol 15 (2) ◽  
pp. 175-185
Author(s):  
Edyta Sokalska
Keyword(s):  
United States ◽  
18Th Century ◽  
Common Law ◽  
The United States ◽  
Law School ◽  
Large Measure ◽  
American Colonies ◽  
Late 18Th Century ◽  
American Law ◽  
The Common

The reception of common law in the United States was stimulated by a very popular and influential treatise Commentaries on the Laws of England by Sir William Blackstone, published in the late 18th century. The work of Blackstone strengthened the continued reception of the common law from the American colonies into the constituent states. Because of the large measure of sovereignty of the states, common law had not exactly developed in the same way in every state. Despite the fact that a single common law was originally exported from England to America, a great variety of factors had led to the development of different common law rules in different states. Albert W. Alschuler from University of Chicago Law School is one of the contemporary American professors of law. The part of his works can be assumed as academic historical-legal narrations, especially those concerning Blackstone: Rediscovering Blackstone and Sir William Blackstone and the Shaping of American Law. Alschuler argues that Blackstone’s Commentaries inspired the evolution of American and British law. He introduces not only the profile of William Blackstone, but also examines to which extent the concepts of Blackstone have become the basis for the development of the American legal thought.

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