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Articles 1 - 14 of 14

Full-Text Articles in Law

Intergovernmental Agreements & Automatic Exchange With The Usa: Is This The End Of The United States As The World’S Largest Offshore Centre?, William Byrnes Oct 2013

Intergovernmental Agreements & Automatic Exchange With The Usa: Is This The End Of The United States As The World’S Largest Offshore Centre?, William Byrnes

William H. Byrnes

No abstract provided.


Harmonising Judicial Approaches To Determining The Enforceability Of Foreign Annulled Awards, Winnie Ma Jun 2013

Harmonising Judicial Approaches To Determining The Enforceability Of Foreign Annulled Awards, Winnie Ma

Winnie Ma

Judicial enforcement of foreign annulled awards has engendered fervent debate. Pursuant to Article V(1)(e) of the New York Convention, the enforcement court may refuse to enforce an award which has been set aside in "the country in which, or under the law of which, that award was made." Yet some enforcement courts have allowed enforcement notwithstanding such annulment, primarily on two bases. The first basis is that Article V(1)(e) is a discretionary ground for non-enforcement. The second basis is that Article VII(1) of the New York Convention allows enforcement through the application of the more favourable law.

This paper examines …


Principles And Practice Of International Commercial Arbitration, 2d Ed., Margaret Moses May 2013

Principles And Practice Of International Commercial Arbitration, 2d Ed., Margaret Moses

Margaret L. Moses

No abstract provided.


Business Organizations, 2nd Ed., Charles Murdock May 2013

Business Organizations, 2nd Ed., Charles Murdock

Charles W. Murdock

No abstract provided.


Principles And Practice Of International Commercial Arbitration, Margaret Moses May 2013

Principles And Practice Of International Commercial Arbitration, Margaret Moses

Margaret L. Moses

No abstract provided.


Categorization Of Trusts By Fatca And The Intergovernmental Agreements, William Byrnes Apr 2013

Categorization Of Trusts By Fatca And The Intergovernmental Agreements, William Byrnes

William H. Byrnes

No abstract provided.


Consequences For The Accidental (Latin) American And Us Reciprocal Automatic Exchange, William Byrnes Apr 2013

Consequences For The Accidental (Latin) American And Us Reciprocal Automatic Exchange, William Byrnes

William H. Byrnes

No abstract provided.


Where Will Deposits In The Us Flee?, William Byrnes Apr 2013

Where Will Deposits In The Us Flee?, William Byrnes

William H. Byrnes

No abstract provided.


Will Non-Us Banks Continue To Do Business With Us Expats?, William Byrnes Apr 2013

Will Non-Us Banks Continue To Do Business With Us Expats?, William Byrnes

William H. Byrnes

No abstract provided.


Fatca’S Impact On Us Banking By Mexican Clientele, William Byrnes Apr 2013

Fatca’S Impact On Us Banking By Mexican Clientele, William Byrnes

William H. Byrnes

No abstract provided.


Get Ready For The Amendments To Revised Article 9, Ingrid Hillinger, Edwin Smith Mar 2013

Get Ready For The Amendments To Revised Article 9, Ingrid Hillinger, Edwin Smith

Ingrid Michelsen Hillinger

Revised Article 9, effective in 2001, has created problem spots. The 2012 Amendments, effective in July 2013, attempt to solve them. Ed Smith of Bingham McCutchen and I lectured on the amendments.


Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock Feb 2013

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …


Panelist, International Commercial Transactions: Sales Of Goods And Cross-Border Financing, Ingrid Hillinger Feb 2013

Panelist, International Commercial Transactions: Sales Of Goods And Cross-Border Financing, Ingrid Hillinger

Ingrid Michelsen Hillinger

Professor Hillinger discussed the issues and risks posed by cross-border lending as a panelist at the International Commercial Transactions: Sales of Goods and Cross-Border Financing Conference.


Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock Feb 2013

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …