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Articles 31 - 50 of 50
Full-Text Articles in Commercial Law
Internationalization Of Revised Ucc Article 5--Letters Of Credit, James G. Barnes
Internationalization Of Revised Ucc Article 5--Letters Of Credit, James G. Barnes
Northwestern Journal of International Law & Business
The 1995 revision of Article 5 of the Uniform Commercial Code (UCC) was heavily influenced by international practice as reflected in the Uniform Customs and Practice for Documentary Credits (UCP). The Reporter for Revised UCC Article 5, Professor James J. White," acknowledges the heavy influence of international practice, views it as a mixed blessing, and attributes it to the focused efforts of the letter of credit bankers' trade association, the United States Council on Inter- national Banking, Inc. (USCIB). This article further explains and welcomes the internationalization of Revised UCC Article 5.
The Revision Of Ucc Article 2, Sales In Light Of The United Nations Convention On Contracts For The International Sale Of Goods, Richard E. Speidel
The Revision Of Ucc Article 2, Sales In Light Of The United Nations Convention On Contracts For The International Sale Of Goods, Richard E. Speidel
Northwestern Journal of International Law & Business
This article discusses UCC, Article 2, in light of CISG, and discusses how they create bands of uniformity in their respective spheres. It also discusses where they overlap.
Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Influence Of International Practice On The Revision Of Article 5 Of The Ucc, James J. White
Northwestern Journal of International Law & Business
I focus today on the influence of the Uniform Customs and Practice1 (UCP) on the revision of Article 5 of the Uniform Commercial Code (UCC).
Books Received
Northwestern Journal of International Law & Business
No abstract provided.
Wysko Investment Company V. Great American Bank: A New Attack On The Usefulness Of Letters Of Credit, Robert Jay Gavigan
Wysko Investment Company V. Great American Bank: A New Attack On The Usefulness Of Letters Of Credit, Robert Jay Gavigan
Northwestern Journal of International Law & Business
The letter of credit has long been accepted as a valuable instrument of assured payment in international business. In Wysko Investment v. Great American Bank, however, an Arizona district court jeopardized the usefulness of the letter of credit transaction by enjoining payment to the beneficiary after the issuing party became insolvent.' This note addresses the issue of whether a bankruptcy court has the power to enjoin payment of a letter of credit issued by the debtor's principal, pursuant to 11 U.S.C. § 105(a), when the court finds the injunction necessary for the debtor's reorganization. Further, this note examines whether such …
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Resolving Commercial Disputes In China: Foreign Firms And The Role Of Contract Law, Roy F. Grow
Northwestern Journal of International Law & Business
It is not my intention to explicate China's Foreign Economic Contract Law (FECL), the Joint Venture Law (JVL), or the Foreign Enterprise Income Tax Law (FEITL). The analysis of these codes has been done in great detail by others.' Instead, I will examine the actual behavior of the most important actors governed by this set of laws-the Chinese and foreign enterprises that work with one another and which must find ways to resolve their competing claims. In this study, I will examine the tension between Chinese and foreign firms by focusing on several specific and limited questions having to do …
Recent Developments In Inter-American Commercial Arbitration, Charles Robert Norberg
Recent Developments In Inter-American Commercial Arbitration, Charles Robert Norberg
Northwestern Journal of International Law & Business
Arbitration has become an effective procedure for resolving international commercial disputes in the Western Hemisphere. A framework of treaties exists, establishing substantive law and procedure for that purpose. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) has been ratified by sixteen Western Hemisphere countries. The Inter-American Convention on International Commercial Arbitration (1975) has been ratified by thirteen countries. Furthermore, the World Bank's Convention establishing the International Centre for the Settlement of Investment Disputes has been ratified by four Latin American countries and six anglophobe Western Hemisphere countries and it has been signed but not …
Non-Lawyers In International Commercial Arbitration: Gathering Splinters On The Bench, James E. Meason, Alison G. Smith
Non-Lawyers In International Commercial Arbitration: Gathering Splinters On The Bench, James E. Meason, Alison G. Smith
Northwestern Journal of International Law & Business
In light of the frequent appearance of arbitration clauses in international contracts, and the volume of litigation handled in this manner, international commercial arbitration' has become a favorite subject of commentators who have primarily focused on the relative benefits of arbitration versus litigation and cross-institutional rules comparisons. One area that has received scant attention is the factors concerning the actual selection of particular individuals to serve as arbitrators. This article looks at how arbitrators are chosen today within the institutional context. Following this are general discussions of selected professions for indications of their members' inherent suitability for and adaptability to …
The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond
The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond
Northwestern Journal of International Law & Business
In short, an arbitrator must have what Professor Pierre Lalive has called the "ability to judge," which implies a capacity to evaluate conflicting statements of law and/or fact and to have the wisdom, courage and expertise to reach and render a decision in such a way that the parties - and perhaps most of all the losing party - will recognize both the essential fairness of the procedure and the futility of efforts to overturn the award or oppose its execution. Only when this occurs, as happens in about ninety percent of ICC cases, can arbitration truly achieve the relative …
The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz
The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz
Northwestern Journal of International Law & Business
One additional advantage of arbitration, the parties' ability to predetermine the law governing the resolution of the dispute, has gained growing recognition in recent years. This recognition, however, has been myopic to some extent. Some commentators see choice of law options confined either to the selection of one national legal system from several possibilities or to the selection of a single national, international, or anational legal system. Such a self-imposed limitation of the applicable law to one system of law often denies parties many of the benefits and powers allowed them in international commercial arbitration. As an alternative, an agreement …
The Place Of Arbitration In The Conflict Of Laws Of International Commercial Arbitration: An Exercise In Arbitration Planning, Filip De Ly
Northwestern Journal of International Law & Business
Growing complexities in the law and practice of international commercial arbitration and a certain loss of the spirit of arbitration require reflection by all interested parties (litigating parties, their counsels, arbitrators and arbitration centers) in order to maintain some of the traditional advantages of arbitration… The purpose of such reflection is to maintain the reputation of international commercial arbitration as a speedy and cost efficient dispute resolution mechanism for international business transactions. This may be achieved by an attempt to identify the options which interested parties may have and to indicate their respective advantages and disadvantages. This process may be …
1992: The Case Of Financial Services, Caroline Bradley
1992: The Case Of Financial Services, Caroline Bradley
Northwestern Journal of International Law & Business
By the end of 1992 the European Community (EC) intends to create a single internal market in goods, services, labor and capital. Of all the internal markets to be created by the end of 1992, the single internal market in financial services may be the most interesting. This paper considers three aspects of the single market in financial services: regulatory harmonization as a solution to the problems caused by the development of international financial markets; the rules which the EC has adopted and proposed to create the single market in financial services; and the extent to which the single market …
The Role Of The Black Market In China's International Financial System, Amy E. Yates
The Role Of The Black Market In China's International Financial System, Amy E. Yates
Northwestern Journal of International Law & Business
The dichotomy between China's political theory and its administrative reality is nowhere more apparent than in the system China has developed to manage the inflow of foreign reserves into the country. In order to avoid disturbing the domestic economy, the government developed an elaborate two-tiered currency system. In addition, the government issued a set of Foreign Control Regulations which placed restrictions on the use of exchange. The regulations purported to place the use of foreign exchange under a "unified national plan." In reality, however, beyond the reaches of the officially promulgated regulations, a thriving black market for foreign currency, foreign …
The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum
The Regulation Of Insider Trading In Germany: Who's Afraid Of Self-Restraint, Joseph Blum
Northwestern Journal of International Law & Business
From near total destruction forty-one years ago, the Federal Republic of Germany has emerged as the fourth wealthiest industrialized nation. Yet despite this wealth, the German capital markets remain miniscule in comparison to those of other industrialized nations. This development has had a significantly adverse effect on the ability of German companies to raise equity capital. The aversion of individual Germans to invest in equity securities can be explained on a number of levels. First, many investors find that fixed-rate bonds and similar securities provide equal if not better yields than stocks, without the concomitant risk. Another significant reason that …
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Alcoa Steamship Co. V. M/V Nordic Regent: Narrowing The Scope Of Inquiry In Forum Non Conveniens, R. George Weitz
Northwestern Journal of International Law & Business
Increases in the amount and complexity of international trade and changes in jurisdictional rules over the last thirty years have often resulted in American courts serving as forums for suits involving non-residents. Very often these suits are the result of transactions that have occurred abroad and may be governed by foreign law as well. Obvious difficulties confront a party compelled to defend in a foreign court. Problems such as unfamiliarity with the language or legal process, unavailability of witnesses, or expenses incurred in bringing evidence from another country have led foreign defendants to seek dismissal of suits on the grounds …
Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland
Reconciling National Interests In The Regulation Of International Business, Stanley J. Marcuss, Dale P. Butland
Northwestern Journal of International Law & Business
In an increasingly integrated world where political and economic issues are deeply intertwined, the regulation of international business activity raises complex problems in international law. The existence of the multinational corporation, which is possessed of multiple identities and therefore subject to the jurisdiction of both "home" nations, where it is headquartered, and "host" nations, where its subsidiaries are located, makes the potentiality of jurisdictional disputes among nations particularly acute. While attempts to apply United States law to American foreign subsidiaries virtually ensures conflicts among jurisdictions, excusing subsidiaries from compliance with domestic law could seriously undermine comprehensive regulatory activity. It could …
Trends In International Business Law: Towards A New Ethnocentricity?, Detlev F. Vagts
Trends In International Business Law: Towards A New Ethnocentricity?, Detlev F. Vagts
Northwestern Journal of International Law & Business
Many legal practitioners and academicians who are sensitive to changes within the area of international business law have sighted signals of a trend toward greater ethnocentricity in the United States. Whether such a trend exists is not an issue that can be disposed of categorically, for the signals must be interpreted in light of the institution in question and the sector of economic activity involved. Moreover, an accurate resolution of the issue requires a comparison of the current signals with those of previous periods. Indeed, the post-Smoot-Hawley Tariff era of the late 1930's and the older mercantilist epoch were periods …
The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild
The Future Of Free Enterprise: Can It Survive Government Interventionism?, Baron Edmond De Rothschild
Northwestern Journal of International Law & Business
Free enterprise is the indispensable prerequisite for personal freedom, which I dare believe is still highly valued by most people. Hence, it is also the only economic system which is compatible with the democratic governments of Europe and America. However, the vitality of free enterprise is being threatened by government interventionism on both sides of the Atlantic. In Europe, this manifests itself in taxation, nationalization, restrictive policies, subsidization, labor laws, and the growth of the public sector. In America, we find much of the same, excepting nationalization. In order to restore vigor to the weakened private sector, we must return …
The Value Of Territorial And Field-Of-Use Restrictions In The International Licensing Of Unpatented Know-How: An Empirical Study, Joel A. Bleeke, James A. Rahl
The Value Of Territorial And Field-Of-Use Restrictions In The International Licensing Of Unpatented Know-How: An Empirical Study, Joel A. Bleeke, James A. Rahl
Northwestern Journal of International Law & Business
Data concerning the international transfer of technology, particularly in the area of unpatented know-how, are relatively scarce. In this article, Mr. Bleeke and Professor Rahl present the results of one of the first empirical studies conducted in this field. The study, in which signifcant information was gathered from United States corporate licensing attorneys and executives, is focused upon the extent to which territorial and field-of-use restrictions are necessary to facilitate the international transfer of unpatented know-how. The results provide a clearer picturefor both policy makers and practitioners in the field.
United Brands Company V. Commission Of The European Communities: Window To Price Discrimination Law In The European Economic Community, Margaret H. Fitzpatrick
United Brands Company V. Commission Of The European Communities: Window To Price Discrimination Law In The European Economic Community, Margaret H. Fitzpatrick
Northwestern Journal of International Law & Business
Enterprises operating within the European Economic Community have long faced the difficult task of ascertaining whether they are subject to the price discrimination restrictions of the Treaty of Rome. The difficulty stems from the ambiguity present in the Treaty provisions and is exacerbated by the lack of authoritative interpretation of their restrictions. However, a recent opinion of the European Communities' Court of Justice, United Brands Co. v. Commission of the European Communities, has brought the contours of the price discrimination prohibition into sharper focus.