Law Commons^™

Culture As A Success Factor In International M&A Dispute Processes, Art Gemmell

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It is undoubtedly true that most M&A practitioners do a fine job of focusing on the deal before them. Great attention is paid to the legalities and accounting intricacies necessary to advance their clients’ interests. However, beyond ensuring that financial statements are GAPP compliant; beyond ensuring that all appropriate material has been disclosed; beyond wordsmithing representations and warranties; there is a broader perspective, I would suggest, necessary to increase the likelihood of success for ones’ clients: culture.

The Law Merchant-Redux, Art Gemmell Dr.

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The Lex Mercatoria- Redux Arthur J. Gemmell and Autumn Talbott* ABSTRACT

The lex mercatoria developed as merchant-made, private law. Unlike other bodies of law, the lex mercatoria was not born of statutory or “natural” law but from practical, day-to-day commercial usage. In fact, medieval commercial activities propagated the “most favorable trading practices and customs of the various foreign markets within which [merchants] did business.”

What evolved in the Middle Ages out of necessity stands today as a sometimes controversial testimony to the power of self-regulation through a specialized and practical body of law: the lex mercatoria that has for centuries …

Commercial Arbitration In The Islamic Middle East, Art Gemmell Dr.

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As any observer of the international commercial scene will attest, globalization has spawned an untold number of daily international business transactions. From these transactions, disputes arose and states worried that their domestic court system would be unable to deal with foreign commercial disputes expeditiously and equitably. In order to both address these concerns and to promote the use of international arbitration, a host of international and regional conventions was established to deal with the peaceful settlement of disputes. The Islamic Middle East has not fully embraced what might be euphemistically referred to as a“modern” arbitral system.