Comparative Law Yearbook of International Business Volume 43 (eBook)

Comparative Law Yearbook of International Business, published under the auspices of the Center for International Legal Studies and currently in its 43rd volume, spans an arc of timely and challenging concerns for business law practitioners and academics alike discussing the arbitrability of intellectual property rights disputes that might improve worldwide IPR enforcement and “disregard of legal entity” that may be to establish implied consent by a person or entity that is not a signatory to an arbitration agreement. This volume aims at substantive research and consideration towards encouraging businesses to consider alternative aims, market participants to espouse alternative values, and the securities market regulation to shift towards a more balanced approach.

This book authored by practitioners and academics from Brazil, England, France, India, Pakistan, Singapore, the United States, and Uzbekistan sheds light on the following:

• how a practical cross-border insolvency framework under the Indian insolvency and bankruptcy code can borrow from the UNCITRAL Model Law’s and other jurisdictions’ approaches to the tension between “universality” and “territoriality”
• how a promising new mediation act for Pakistan may help resolve a backlog of millions of cases in a jurisdiction with a patchwork of traditional and modern alternative dispute resolution mechanisms
• how the European Union seeks to balance the taxation of digital services
• how Brazil is addressing the taxation of offshore indirect transfers
• how the arrival of private equity capital structures into the United States’ major sports leagues create opportunities as well as risks
• how Securities Market Regulation theory plays a role in the organization and development of active securities markets, particularly in emerging markets, and
• how non-signatories can be bound by arbitration agreements in Brazil through “disregard of legal entity” to ascertain implied consent

Although businesses are increasingly global, financial distress is confined by jurisdictional boundaries. One of its kind, this volume furnishes a broad and diverse perspective on some of today’s pressing business law issues in a shrinking world and encourages the development of policies at national and international levels.