scholarly journals CROSS-BORDER GROUP INSOLVENCY, A STUDY OF NORTEL CASE

2021 ◽  
Vol 5 (4) ◽  
pp. 150-161
Author(s):  
Binoy Joy Kattadiyil ◽  
◽  
Bakhtiyor Anvarovich Islamov ◽  

Introduction. This Article is a detailed analysis of one of the most complex and landmark judgments in the area of cross border group insolvency. It traces the timeline of the insolvency of Nortel Plc. and the simultaneous proceedings in multiple jurisdictions. Introduction followed by Literature Review. Research methods are exploratory in nature, since the study has to explore a case of the simultaneous proceedings in multiple jurisdictions. Results and discussions. The Article discusses that there are two major methods for dealing with corporate groups undergoing insolvency, which are: Procedural Coordination and Substantive Consolidation. Under such mechanisms which little to no precedence in any jurisdiction, this case carved out its own path to arrive at the outcome of Pro-Rata Allocation. The case is significant for being heard at the same time in two courtrooms, one in Delaware and one in Ontario, that were linked in order to receive live evidence together. This Article discusses the importance and significance of having a cross border group insolvency regime in place. In the era of Globalisation, the integration of national economies into a global economic system has been one of the most important developments of the last century

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah


Neurosurgery ◽  
1991 ◽  
Vol 28 (1) ◽  
pp. 65-71 ◽  
Author(s):  
Roberto Spiegelmann ◽  
William A. Friedman

Abstract Forty-three patients with chronic pain disorders of different causes were selected for spinal cord stimulation. All underwent implantation of a ribbon electrode through a small laminotomy, under general anesthesia. Thirteen patients (30%) failed to obtain significant pain relief during a period of trial stimulation, and their electrodes were removed. The remainder underwent a definitive implant and were followed for a mean of 13 months (range, 3-33 months). Nineteen of them (63%) continued to experience pain relief. A detailed analysis of this series, as well as a literature review, is presented.


2013 ◽  
Vol 21 (02) ◽  
pp. 123-151 ◽  
Author(s):  
MICHAEL LORZ ◽  
SUSAN MUELLER ◽  
THIERRY VOLERY

The majority of studies that analyze the impact of entrepreneurship education on entrepreneurial attitudes, intentions, and venture activities report positive influences. However, several scholars have recently cast doubts about research methods and the generalizability of entrepreneurship education impact studies. In this study, we conducted a systematic literature review of the methods used in entrepreneurship education impact studies. Our results uncover significant methodological deficiencies and question the overwhelmingly positive impact of entrepreneurship education. Based on this evidence, we propose a series of recommendations to improve the reliability and validity of entrepreneurship education impact studies and we outline promising topics which are currently under-researched.


2021 ◽  
Vol 8 (1) ◽  
pp. 959-973
Author(s):  
Mengshu Yong ◽  
Yuxin Zhang

Improving the poor’s overall quality through education and promoting local economic development and social progress is an important way for China to alleviate poverty. At present, China has formed a policy system of poverty alleviation by education with its characteristics and has achieved remarkable results. This article first elaborates the definition and impact of poverty alleviation by education, and then through the use of literature review and other research methods, it combs the policies of China’s poverty alleviation by education in different historical periods. The aim is to summarize China’s poverty alleviation by education, analyze possible policy problems, and finally make constructive suggestions for its future development.


2017 ◽  
Vol 20 (4) ◽  
pp. 209-228 ◽  
Author(s):  
LARISSA MARCHIORI PACHECO ◽  
MARINA KOLLAND DANTAS ◽  
CLÁUDIA SOUZA PASSADOR ◽  
LARA BARTOCCI LIBONI-AMUI

Abstract Several studies analysed the environmental public expenditures, its allocation and role as an instrument for public action. However, there is still a gap in the literature, since there are no works that integrate and systematize the existing knowledge. Therefore, we conducted an integrative literature review, and selected thirty articles for synthesis, classification and coding based on a system proposed by the authors. We identified that researches on this field are still recent and publications are concentrated in Europe and Latin America. Regarding the research methods, the qualitative approach based on case studies was used to develop the majority of the studies. Also, the studies in general combined different spheres of analysis, discussing topics on performance and description of expenses. The results showed that there is a need for studies that promote themes such as transparency, accounting organization and the creation of indicators, enabling deeper analysis. An agenda with eight research suggestions was proposed based on observed theoretical limitations.


2021 ◽  
Author(s):  
Léonie Daignault-Leclerc

This research essay examines the target audience’s profile and preferences for the development of the garment brand Gaia & Dubos, which creates and produces ecological and ethical high-end garments for women in the province of Quebec, and explores the best environmental and ethical practice to establish a sustainable fashion enterprise. The research methods for this project combine a literature review, an online survey and four individual interviews with the target audience in an attempt to answer the research questions: (1) Who is the target audience (demographics, values, lifestyle and habits)? (2) What are the target audience’s preferences when it comes to ecological and ethical clothing? (3) What is the best environmental and ethical practice for a clothing brand?


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Eryk Głodziński

Purpose The purpose of this paper is to discuss contemporary knowledge relevant to the application of performance measurement (PMe) in the concept of OPM and to compare findings from a literature review with solutions recommended for utilization by managers from general contractors operating in Poland. There are few studies related to the mentioned topic, much fewer describing the geographical area of Eastern Europe. Design/methodology/approach Triangulation of research methods was selected. First literature review, next desk research and finally descriptive statistical analysis and interview were conducted. The research methods were applied in three steps whose beginnings overlapped and the mid-term findings from one study complemented others. Findings PMe should be focused on management and governance issues. Its evaluation is related to various organizational levels (permanent organization, portfolio, program, project, construction site and supply chain), most of them are under valuated by practitioners. The conducted study pointed out that there are numerous supporting tools and measures applicable in organizational project management (OPM). The managers recommend combining various tools in one comprehensive OPM system, to limit multiple manual incorporations of the same data to the various databases. The managers call to increase the practical usefulness of researchers’ proposals, to educate the construction managers in the application of complex performance systems and to promote portfolio thinking. Originality/value The comparison of performance measurement solutions proposed by academia with experience collected from Polish construction managers could support the better application of theoretical ideas in practice.


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