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This bulletin presents a comparative analysis of the degree of worker protection available today in nine countries in the event of corporate restructuring. The countries are France, Germany, the United Kingdom, the United States, Australia, China, Japan, Korea, and Taiwan.

Each of the papers, presented by a noted industrial relations scholar from the country in question, proceeds from a summary of the national legal framework governing corporate restructuring, through the succession of employment contracts, to an analysis of such major components of the problem as justification of economic dismissals and changes in terms and conditions of employment. Specific topics covered in each analysis include the following:

special legislation covering transfer of undertakings treatment of insolvent corporationseconomic dismissals before and after corporate restructuring transfer of workers in lieu of dismissal the role of labour unions and works councilsThe authors pay particular attention to the effectiveness of employee protection legislation such as the EC Transfer of Undertaking Directive (and its implementation by Member States) and Japan's Labour Contract Succession Law and, in the case of the United States, the virtual absence of such legislation. These papers were originally presented at the Sixth Tokyo Seminar (March 2002) of the Japan Institute of Labour. Their penetrating individual analysis and revealing comparative perspective is sure to help policymakers, lawyers, academics, and other specialists in industrial relations find a way forward in this important area that recognizes the best interests of both employers and employees. ... Read more

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When infringement or wrongdoing is alleged against a corporation, where are we to look for the imputed reprehensible conduct or knowledge on which the case must depend? This is a question that is asked and asked again as each expansion and intensification of corporate activity gives rise to ever more complex issues of accountability and responsibility.This major new theoretical study builds on classic and recent work in the field to provide a systematic and coherent analysis of corporate liability in its current context. Focusing on rules of attribution developed in a notable series of English cases, the author explains in detail the various ways in which these rules may be applied in civil, criminal, and regulatory proceedings against corporate defendants. The book exposes the circumstances in which corporations, as legal persons, may incur personal liability for the acts or omissions of their servants or agents that were carried out in the course of their employment, defining the means through which corporate liability must be determined. It focuses on the personal liability of corporations, incorporating common law principles of vicarious liability and agency as well as exceptions arising from the Companies Act 1985 and other legislation. The study covers such important areas as the following:

+the `problem of many hands,' in which individual servants or agents may be aware of only a portion of a corporate transaction or undertaking; +the traditional `directing mind' theory as one of the means of identifying the relevant individuals whose conduct or state of knowledge may result in corporate liability; +the development of `principles of attribution' as a framework for approaching different situations where liability may be established against corporations; +a new concept of `aggregation' which allows, under particular circumstances, the collective knowledge of various individuals to be attributed to the corporation; +the relevance of `Chinese Walls' in limiting the extent to which principles of attribution apply; and +a comprehensive survey of the different circumstances in which corporations, including holding corporations in corporate groups, and their servants and agents may incur liability.Corporate Liability: A Study in Principles of Attribution is far more than a mere legal device for practical purposes. It is rigorously based on the theoretical foundations of corporations, particularly the all-important interplay between the individualistic and collective aspects of the corporate persona. It is in every way a groundbreaking work in the field, of absorbing interest to scholars, jurists, and lawyers alike. ... Read more

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Approaching the theme from an antitrust perspective and focusing on telecommunications and television broadcasting, this volume examines how traditional European competition law doctrines and principles can be applied to this converging sector. The application of antitrust rules to the communications sector is often one of the most controversial areas of law and policy.The shift towards a more competition law oriented form of regulation is one of the main principles inspiring the recent reform of European sectorial regulation enshrined in the 2002 Electronic Communication Package. The Package was adopted in 2002 and is in the process of being implemented throughout the Union.

This monograph provides a detailed description of the new regulatory package and highlights the interplay between regulatory provisions and EC competition law.It then follows the pattern of a typical antitrust analysis containing chapters on the definition of relevant market in the sector and various forms of abuses of market power. The book also critically examines the Commission's practice and policy in the field of merger control and considers its relationship with wider regulatory policies.Finally it analyses the sector from the perspective of the "European" public interest and the changed nature of communications as a public service. ... Read more

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Since its establishment in 1986, the annual Freshfields Arbitration Lecture (as it has come to be known) has given both practitioners and academics a unique and extraordinary opportunity to explore new insights and frontiers in the theory and practice of international arbitration. Hosted by the School of International Arbitration, Queen Mary University of London, each lecture provides an eminent figure in international arbitration a platform on which to investigate problems of interest on aspects and trends in the field.

Bringing together all the published (and some unpublished) lectures in this important series, this valuable book confirms the interaction between theory and practice that the School has pursued since its inauguration, and provides in addition a remarkable testament of the School's policy of ensuring a comparative and international approach to international arbitration research and study.

Twenty-one leading academics and practitioners explore the issues of States and state enterprises in arbitration, including the following topics:

• international investment arbitration;
• national regulation of arbitration with particular focus on the English Arbitration Act, the UNCITRAL Model Law, and Latin America;
• arbitration proceedings (including the problem of delays and control of the arbitral process);
• availability of remedies (Farnsworth 1990);
• efficiency of arbitration process; and
• the impact of rules of law and national law on arbitration tribunals and the arbitration process.

The book also includes substantial coverage of such fundamental and more recent themes as default procedural rules, autonomy of the arbitration process, regulation of arbitration in national laws, validity of arbitral awards, and dissenting opinions. Several of the lectures have been augmented with updates and end notes, and an in-depth introduction supplies a welcome overview.

With contributions by some of todays leading academics and practitioners in the field, this book will be of great interest to arbitration lawyers, international lawyers, and business people, as well as to academics, law libraries, and students of dispute resolution.

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For a concise exposition and analysis of the essential elementsof German law with regard to family relations, marital property, andsuccession to estates, this very useful volume has no peers. It coversthe sources and instruments of family and succession law as practicedin Germany, the courts that adjudicate and administer the laws, andissues surrounding the person as a legal entity (especially inrelation to consent) and the legal disposition of property amongfamily members. The legal aspects of such matters as nationality,domicile, and residence; marriage, divorce, and cohabitation; adoptionand guardianship; intestate and testamentary succession and intervivos arrangements; and the acquisition and administration of estatesare all treated to a degree of depth that will prove useful in nearlyany situation likely to arise in legal practice.

This valuable work will be welcomed by notaries, lawyers, judges, andregistrars of civil status who find themselves having to apply Germanlaw as a result of applicable law rules of international private law.However, it is also of great value to students and practitioners as aquick guide and easy-to-use practical resource in the field. ... Read more

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This volume examines the important area of dispute resolution.Its main focus is upon those methods of resolving disputes whichprovide alternatives to the existing judicial system. Under discussionare the most prominent of these methods -- arbitration, mediation andconciliation -- as well as others, such as mini-trials, valuations anddispute review boards. The authors are eminent legal practitioners andscholars from countries spanning the five continents. Consequently,the volume consists of accounts relating to the use of alternativedispute resolution methods in these countries. The pros and cons ofeach method are examined, together with the procedures involved, theirapplicability to certain types of cases and their future development.This work also includes a chapter devoted entirely to InternationalFast-Trac Commercial Arbitration, which describes how fast-trackclauses may be utilized in international commercial contracts toensure that disputes are resolved rapidly and efficiently. The futurefor such clauses in individual countries is discussed and acomparative analysis given. ... Read more

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International Civil Procedure is a desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book will act as a guide to the civil procedure, rules, and practices in thirty-two major countries and in the European Community, as well as provisions regarding local rules relating to arbitration and, where available, mediation are also covered.

The title is designed primarily to orient a litigate and its domestic lawyer so that they can determine the probable course of litigation and, once they have retained foreign counsel, ask more intelligent and relevant questions. ... Read more

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In approaching the writing of "Intervention in the International Court of Justice", the author reached two conclusions. The first was that in order to understand the attitude of the Court today in applying the provisions of Articles 62 and 63 of the Statute, considerable importance attaches to their legislative history. In the Barcelona Traction (Preliminary Objections) case the Court referred to the "drafting records" of certain provisions of the Rules of Court under consideration there. The second conclusion was that examination of the decisions of the Court in intervention proceedings incidentally and in isolation from the case as a whole could put the material out of focus. The Court's position in a case of intervention can only be fully assessed in the context of the proceedings as a whole, when the real influence of the intervention phase on the final decision comes into the open. In addition, a new dimension, that of modern diplomacy, could be added to an understanding of the difficulties posed - for the Court, for individual states and for their legal advisers by the institution of intervention.The book is based on a series of courses given by the author as Belle van Zuylen Professor in the Humanities at the University of Utrecht in 1986-1987. Nicaragua's intervention in the Land, Island and Maritime Frontier Dispute case between El Salvador and Honduras before a Chamber of the International Court led to a complete reexamination of the whole work, and to this current publication. ... Read more

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In the spring of 2000, the Israel Medical Association called a doctors' strike in all hospitals and HMO-type clinics in Israel. After being on strike for over ten weeks, the parties entered mediation under the auspices of the Israeli government. This book recounts the mediation process. It includes rich and colorful descriptions of the participants, the dispute and its history, and provides insightful analyses of milestones in the mediation process. Various themes typical of public policy dispute mediations are highlighted and analyzed, including: media coverage; politicians; who sits at the negotiation table; lawyers; the mindset of the mediator; and confidentiality. ... Read more

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Here in a revised and updated edition is a book that has been widely relied upon since 2003 by business people and their counsel with interests in China. Written by a foremost Chinese arbitration authority who is also an internationally-known arbitrator, Arbitration Law and Practice in China clearly shows that, despite obstacles, arbitration has emerged as the preferred method for the resolution of international commercial disputes with a Chinese party or parties. Covering all current legislative trends, the new edition focuses on those aspects of the applicable law, interpretation and implementation that have combined to produce a unique system of arbitration, often referred to as Arbitration with Chinese Characteristics.Both of the key international arbitration institutions, the China International Economic and Trade Arbitration Commission (CIETAC) and the China Maritime Arbitration Commission (CMAC) are described in depth. The author A|s insightful approach highlights the following aspects of the subject and more:A { what is permitted and what is prohibited under the Arbitration Law;A { enforcement of foreign judgements in China and of Chinese judgements elsewhere;A { application of uniform procedural rules;A { measures to overcome local protectionism;A { effects of China A|s most important bilateral investment treaties (BITs);A { arbitration-related interpretations of the Supreme People A|s Court;A { forms of arbitration agreement; andA { substantive requirements of the arbitration agreement.With first-hand expert guidance on the actual handling of arbitration cases, recommended arbitration agreement clauses for numerous contingencies, case studies and comparative cases to elucidate the handling of specific issues, and abundant legal instruments for quick, direct reference to the relevant lawA- and an annex with English texts of the most important laws and regulations A- this book offers all the details and insights a practitioner needs.While Arbitration Law and Practice in China is primarily a detailed, practical examination of Chinese arbitration practice and related laws, the book A|s special significance to non-Chinese practitioners lies in its attention to the difference between Chinese arbitration and the prevailing practice in Western countries, particularly where such difference represents a significant divergence. For this reason it will be of great practical value to business people everywhere operating or seeking opportunities to partner with Chinese enterprises. It will also be useful to corporate counsel, arbitration institutions, and students of dispute resolution. ... Read more

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A great deal of practical experience has been assimilated in this book. The reader repeatedly comes across a word of advice on how to ensure that an arbitration, national or international, proceeds in an orderly fashion and how difficulties may be avoided.

This book is of great value, both for students and the practising lawyer and arbitrator. ... Read more

Customer Reviews (1)

Thoughts onINTERNATIONALINVESTMENTLAWINCONTEXT.

The book's caption is much broader than its content: essentially, 10 essays by separate writers, each essay focused on a rather narrow aspect of transnational investment law.The writers (chiefly from Germany and Austria) are one practicing lawyer, two full professors, and researchers and doctoral-level students.To a U.S. reader, the European Union perspective of the writers is interesting and their research efforts are impressive, but some of the texts seem rather awkwardly translated into English.This is not a broad-view, hands-on guidebook for practicing transnational lawyers. ... Read more

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In a country with a broad international reach, the German business community has always been—and remains—among the primary users of arbitration. Thus, when in 1998 Germany adopted with only slight modifications the UNCITRAL Model Law on Commercial Arbitration for both its international and domestic law, the stage was set for what promised to be a great proving ground for the Model Law, as Germany’s courts would have to consider many diverse and complex issues arising under the new law—decisions that would benefit courts and practitioners everywhere. Now, this hugely valuable publication provides the first full, detailed commentary in English on the German arbitration law, as well as on the rules of the German Institution of Arbitration (DIS). Thirty-eight leading German lawyers and scholars deal comprehensively with the particular ways in which German law handles all arbitration matters, including the following and much more:

• extent of court intervention;
• right to object;
• form of arbitration agreement;
• interim measures by court;
• appointment of arbitrators;
• form and content of award;
• effect of arbitral award;
• termination of proceedings;
• recourse;
• enforcement of award; and
• legal remedies.

A particularly useful chapter covers the use of the arbitration law in such specific areas of practice as banking, insurance, construction, maritime, and intellectual property. With its clear, detailed discussion of the many issues that can arise in the course of commercial arbitral proceedings, Arbitration in Germany offers comprehensive guidance to all parties either planning to arbitrate in Germany or which are already involved in arbitral proceedings or arbitration-related court proceedings in Germany. In addition, the book will be an invaluable resource for understanding the Model Law in any of the many jurisdictions that have adopted that law.

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The central theme of this book is the strengthening of thelegitimacy and integrity of international law in the post-Cold War,interdependent international community. The investigation focuses onthe relationship between international decision-making procedures, inparticular compulsory third party dispute settlement, and legitimacyand integrity as perceived by states and other international actors.It starts with a description of recent developments with regard todispute settlement in the law of the sea, GATT/WTO, Antarctica, andglobal environmental protection. Compulsory third-party disputesettlement has been accepted in treaty regimes in these fields as itis indispensable in safeguarding the legitimacy and integrity of suchregimes. The focus then shifts to an extensive analysis of changes inthe international community in general, and their consequences for theinternational legal system. By focusing on legitimacy and integrity,and by providing a theoretical framework in which these concepts canbe applied, this book contributes significantly to the discussion ofthe theoretical foundations of international law. The author is winner of the 1995 Award of the Foundation PraemiumErasmianum, Amsterdam. ... Read more

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The contents of no. 26 of the `Forum Internationale' series arerelated to procedural law. The first lecture has been written bywell-known author Klaus Peter Berger. It deals with the new GermanArbitration Act. He provides a brief account of the drafting historyof the new law, highlights six important areas of internationalarbitration law and practice, and explains the solutions chosen by theGerman legislator. He treats, among other topics, arbitrability,arbitral interim relief and conflict of laws. An English translationof the German Arbitration Act can be found at the end of thetext.The second lecture is written by Catherine Kessedjian and has as itstopic the future Hague Convention on International Jurisdiction andRecognition and Enforcement. As deputy Secretary-General of the HagueConference on Private International Law, mrs. Kessedjian is heavilyinvolved in the activities concerning this convention. The lecturediscusses the need for such a convention and the structure such aconvention could adapt (single, double or mixed). Furthermore somegrounds for jurisdiction, such as those for disputes relating tocontracts and torts, the forum non conveniens and provisionalmeasures, are discussed in more depth, as are the basic requirementsfor enforcement. At the end the question is raised which mechanism can

be devised to create a forum in which questions of interpretation canbe solved in an easy and quick manner and against low costs, and howuniform interpretation can be guaranteed. ... Read more