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Commercial Law

Journal

2011

Institution
Keyword
Publication

Articles 31 - 47 of 47

Full-Text Articles in Law

The Mexican Courts And Arbitration: A New Partnership, Marco Tulio Venegas Jan 2011

The Mexican Courts And Arbitration: A New Partnership, Marco Tulio Venegas

Arbitration Brief

No abstract provided.


Implementation Of The New York Convention In China, Xiaohong Xia Jan 2011

Implementation Of The New York Convention In China, Xiaohong Xia

Arbitration Brief

No abstract provided.


Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez Jan 2011

Introducing Efficiency Into The 2010 Iba Rules On Evidence: Does This Create A Back Door For Introducing Additional Inefficiencies Into The System?, Paola Sanchez

Arbitration Brief

No abstract provided.


An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David Jan 2011

An Overview Of The Development And Current Status Of The Legal Framework For Arbitration In Brazil, Renata B. David

Arbitration Brief

No abstract provided.


Amendments To The Mexican Arbitration Statute, Francisco González De Cossío Jan 2011

Amendments To The Mexican Arbitration Statute, Francisco González De Cossío

Arbitration Brief

No abstract provided.


Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk Jan 2011

Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk

Arbitration Brief

No abstract provided.


Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel Jan 2011

Case Note: France Tribunal Des Conflits 17 Mai 2010, Alexandre Meyniel

Arbitration Brief

No abstract provided.


Letter From The Editor, Dana Renee Bucy Jan 2011

Letter From The Editor, Dana Renee Bucy

Arbitration Brief

No abstract provided.


Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer Jan 2011

Revising The Uncitral Arbitration Rules: Seeking Procedural Due Process Under The 2010 Uncitral Rules For Arbitration, David C. Sawyer

Arbitration Brief

No abstract provided.


An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker Jan 2011

An Analysis Of South Carolina's Incentives To The Boeing Company, Amanda S. Kuker

South Carolina Journal of International Law and Business

No abstract provided.


The United Nations Sale Convention: Delimitation, Influences, And Concurrent Application Of Domestic Law, Tamo Zwinge Jan 2011

The United Nations Sale Convention: Delimitation, Influences, And Concurrent Application Of Domestic Law, Tamo Zwinge

Richmond Journal of Global Law & Business

The United Nations Convention on Contracts for the International Sale of Goods ("CISG"or "Convention") aims to create uniform international sales law to facilitate international trade. However, there are numerous sources of divergence in interpretation and application of the Convention in different jurisdictions. It is therefore possi- ble that courts of different countries interpret the words of the Convention differently. This article investigates the major influences of domestic law on the Convention's interpretation and application. Notably, the so-called "homeward trend" of interpreters is discussed. Furthermore, the article scrutinizes the scope of Article 4 of the CISG in order to delimitate the …


Economic Development Incentives And The Legal And Economic Issues Of Open Versus Sealed Bids, Sherry L. Jarrell, J. Neal Robbins, Gary L. Shoesmith, Brendan A. Fox Jan 2011

Economic Development Incentives And The Legal And Economic Issues Of Open Versus Sealed Bids, Sherry L. Jarrell, J. Neal Robbins, Gary L. Shoesmith, Brendan A. Fox

South Carolina Journal of International Law and Business

No abstract provided.


Collateral Damage: Insecurity Assets In The Rising Virtual Age Of E-Commerce, Steven Chang Jan 2011

Collateral Damage: Insecurity Assets In The Rising Virtual Age Of E-Commerce, Steven Chang

Journal of Law, Technology, & the Internet

No abstract provided.


Information Wars And The Challenges Of Content Protection In Digital Contexts, Raymond T. Nimmer Jan 2011

Information Wars And The Challenges Of Content Protection In Digital Contexts, Raymond T. Nimmer

Vanderbilt Journal of Entertainment & Technology Law

We are in the midst of a fundamental conflict in law and policy between those who favor maintaining and expanding copyright and related rights in the digital context ("rights enhancers"), and those who favor letting rights atrophy ("rights restrictors'). This Article argues that strong intellectual property rights are essential. At minimum, they are important to support creativity in contexts where the creation, collection, or distribution of the content requires substantial investment of time and resources. The case for allowing creators' rights to weaken is both untested and structurally suspect. Copyright law must construct a balance that fully supports creative activity …


Rethinking The Commercial Law Treaty, John F. Coyle Jan 2011

Rethinking The Commercial Law Treaty, John F. Coyle

Georgia Law Review

In international commercial transactions, it is not
always clear which state's law will apply to govern a
particular contract. Historically, states have sought to
address this problem by means of two types of treaties.
The first aims to solve the problem by bringing about the
substantive unification of commercial law across multiple
jurisdictions;once the law is everywhere the same, then it
no longer matters which state's law applies to govern the
contract. The second aims to solve the problem in part by
empowering the transacting parties to choose the law that
will govern their contract; once these parties know that …


Giving State Tax Incentives To Corporations: How Much Is Too Much?, Kathleen E. Mcdavid Jan 2011

Giving State Tax Incentives To Corporations: How Much Is Too Much?, Kathleen E. Mcdavid

South Carolina Journal of International Law and Business

No abstract provided.


Market Realities Do Not Embody Necessary Economic Theory: Why Defendants Deserve A Safe Harbor Under Section 2 Of The Sherman Act For Exclusive Dealing, Danielle N. Paschal Jan 2011

Market Realities Do Not Embody Necessary Economic Theory: Why Defendants Deserve A Safe Harbor Under Section 2 Of The Sherman Act For Exclusive Dealing, Danielle N. Paschal

Georgia Law Review

Exclusive dealing agreements are a form of vertical
restraint. They are often procompetitive and treated as
presumptively legal. Although claims against
anticompetitive agreements may be pursued under
numerous antitrust laws, claims have been brought more
recently under section 2 of the Sherman Act. Antitrust
laws generally focus on the percentage of foreclosure.
Section 2 of the Sherman Act, though, requires a smaller
percentage of foreclosure of distribution channels than
other antitrust laws. Analysis under section 2 of the
Sherman Act also focuses on the actual effects of the
agreement in the relevant market. Determining the
agreement's actual effects on the …