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Commercial Law Commons™

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2011

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Institution
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Articles 31 - 60 of 93

Full-Text Articles in Commercial Law

Waiver Of The Right To Remove In Forum Selection Clauses Subject To The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, William E. Marple, Andrew O. Wirmani Mar 2011

Waiver Of The Right To Remove In Forum Selection Clauses Subject To The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards, William E. Marple, Andrew O. Wirmani

Mercer Law Review

Three federal appellate decisions have now addressed whether, in cases subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), parties may agree to waive their right to remove to federal court through forum selection clauses. In all three cases, each court held that to be enforceable the waiver must be expressed in "clear and unequivocal" terms or meet some other heightened standard of scrutiny. These court decisions present several significant points. First, the decisions of these courts to deviate from general principles of contract construction and analyze the waiver issue under …


The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch Mar 2011

The Recent Amendments To Ucc Article 9: Problems And Solutions, David Frisch

University of Richmond Law Review

This article examines three of the forthcoming amendments to Article 9 in some detail: (1) the required name of an individual on a financing statement; (2) the perfection of collateral following the debtor's relocation to a new jurisdiction; and (3) collateral acquired by a new debtor. In the interest of brevity, the discussion of other, less noteworthy, amendments of the statutory text and Official Comments is not as complete. The primary purpose of this article is to offer guidance to legal professionals confronting particular issues under current and future Article 9.


My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky Feb 2011

My Brother's Keeper: An Empirical Study Of Attorney Facilitation Of Money-Laundering Through Commercial Transactions, Lawton P. Cummings, Paul T. Stepnowsky

Faculty Scholarship

In recent years, various “gatekeeping initiatives” have been introduced through inter-governmental standard-setting organizations, such as the Financial Action Task Force, as well as through federal legislation in the United States, which seek to apply the mandatory customer due diligence, record keeping, and suspicious activity reporting obligations contained in the existing anti-money laundering regime to lawyers when they conduct certain commercial transactions on behalf of their clients. The organized bar has argued against such attempts to regulate it, in part, due to the lack of empirical data showing that, as a threshold matter, lawyers unwittingly aid money laundering in a significant …


Credit Default Swaps And Clearing, Nazanin Baseri Jan 2011

Credit Default Swaps And Clearing, Nazanin Baseri

Legislation and Policy Brief

In an article from 2000, an investigative journalist from The Banker warned against the hidden dangers of credit default swaps (CDS). Although CDSs can be a useful financial instrument for the banking industry, the article warned of the anonymity of credit derivatives, lack of transparency, and the potential for disaster. In an unfortunately accurate conclusion, the journalist opined that a crisis might occur because banks may not put in place the proper risk control systems in time to avert a disaster. Fast forward eight years and the financial meltdown of 2008 developed into one of the largest economic disasters in …


Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann Jan 2011

Known And Unknown, Property And Contract: Comments On Hoofnagle And Moringiello, James Grimmelmann

Faculty Scholarship

No abstract provided.


Letter Of Credit Litigation Under Ucc Article 5: A Case Of Statutory Preemption, John F. Dolan Jan 2011

Letter Of Credit Litigation Under Ucc Article 5: A Case Of Statutory Preemption, John F. Dolan

Law Faculty Research Publications

In this article, Professor Dolan maintains that UCC Article 5 fashions a comprehensive remedy scheme for recurring damages claims in letter of credit litigation. That scheme, he contends, is upset by the introduction of most common law causes of action in Article 5 litigation. He concludes, therefore, that courts should not entertain those common law claims, which he sees as destructive of letter of credit law and of the unique commercial nature of letters of credit. Using the economic loss doctrine and similar theories, he urges courts to dismiss actions brought in addition to or in lieu of the remedies …


Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model, Tumininu Modupe Laiyemo Jan 2011

Balancing Developed And Developing State Interests Under A Regulatory Framework For Foreign Direct Investment: The Potential Of The Gats Model, Tumininu Modupe Laiyemo

LLM Theses

This thesis examines the need for a multilateral regime for the regulation of foreign direct investment. The absence of such a regime has slowed the growth of foreign direct investment, as investment decisions are difficult to make because of the uncertainty of investment rules. Attempts to establish a multilateral framework for investment have failed due to disagreement between developed and developing countries on its scope. The major source of controversy has been the inclusion of the national treatment standard in the prospective agreement. This thesis analyses the position of both sides, and attempts to find a balance between the positive …


Good Faith In Revlon-Land, Christopher M. Bruner Jan 2011

Good Faith In Revlon-Land, Christopher M. Bruner

Scholarly Articles

The Delaware Supreme Court has set a very high hurdle for plaintiffs challenging directors' good faith in the sale of a company. In Lyondell Chemical Company v. Ryan, the court held that unconflicted directors could be found to have breached the good faith component of their duty of loyalty in the transactional context only if they "knowingly and completely failed to undertake," and "utterly failed to attempt" to discharge their duties.

In this essay I argue that the Lyondell standard effectively imports into the transactional context the exacting standard previously applied in the oversight context — a move clearly aimed …


Letter From The Editor, Dana Renee Bucy Jan 2011

Letter From The Editor, Dana Renee Bucy

Arbitration Brief

No abstract provided.


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.


Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond Jan 2011

Commercial Or Advertising Purpose Under Florida Statutes Section 540.08 Demystified, Michael L. Richmond

Faculty Scholarship

No abstract provided.


2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz Jan 2011

2010 Amendments To The Uncitral Arbitration Rules Regarding Expert Testimony, Paul Cenoz

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.


Careers In International Commercial Arbitration, Safina Lakhani Jan 2011

Careers In International Commercial Arbitration, Safina Lakhani

Arbitration Brief

No abstract provided.


Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales Jan 2011

Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales

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.


Letter From The Editor, Dana Renee Bucy Jan 2011

Letter From The Editor, Dana Renee Bucy

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.


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.


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.


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 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.


Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles Jan 2011

Feminists And Firearms: Why Are So Many Women Anti-Choice?, Lindsay K. Charles

Cardozo Journal of Equal Rights & Social Justice

The article argues that gun rights should be recognized as a feminist issue, emphasizing women's autonomy, safety, and equality. It challenges the conventional narrative that gun control aligns with feminist values, asserting that disarming women disempowers them and undermines their ability to defend themselves. The author advocates for women's right to bear arms as a means of self-defense, drawing parallels to other feminist issues like abortion, and proposes a rebuttable presumption for issuing concealed carry permits to women.


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 …


Securitization And Suburbia, Heather Hughes Jan 2011

Securitization And Suburbia, Heather Hughes

Scholarly Articles in Law Reviews & Journals

This Article explores the relationship between one typical form of real estate development finance-the securitized mezzanine loanand one controversial phenomenon-suburban sprawl. It asks foundational questions about the connection between financial transactions and real-world applications of the capital they raise. In this work, sprawl serves as an example of an environmental consequence of applications of capital raised with a common form of transaction. This Article considers the extent to which commercial finance laws release forceful incentives driven by capital markets upon land use decisions, potentially undermining the collective, morally informed determination such decisions require. It rejects the aesthetic aversion to looking …


Creating A Plug-In Electric Vehicle Industry Cluster In Michigan: Prospects And Policy Options, Thomas P. Lyon, Russell A. Baruffi Jr. Jan 2011

Creating A Plug-In Electric Vehicle Industry Cluster In Michigan: Prospects And Policy Options, Thomas P. Lyon, Russell A. Baruffi Jr.

Michigan Telecommunications & Technology Law Review

This Article seeks to examine how policy can be used strategically to foster the development of a plug-in electric vehicle ("PEV") industry cluster in Michigan. The tendency for certain industries to localize in particular regions has captured the interest of much economic research and policy discussion in recent years. The trend toward the clustering of new industries has stayed strong despite the acceleration of globalization. Attention to clusters has proven to be an enduring theme in economic development circles for nearly thirty years. Clusters generate synergies that make industrial activity greater than the sum of contributions by individual players. In …


The Case For Clean Energy Technology Manufacturing: Ten Steps Business And Industry Must Take To Optimize Opportunities In The Emerging Clean Energy Economy, Stanley Pruss Jan 2011

The Case For Clean Energy Technology Manufacturing: Ten Steps Business And Industry Must Take To Optimize Opportunities In The Emerging Clean Energy Economy, Stanley Pruss

Michigan Telecommunications & Technology Law Review

Clean energy policy choices will be critical both for economic vitality within the United States and for international competitiveness in the race to improve clean energy technology and capture emerging markets. With legislative solutions losing momentum, business and industry leaders will be the key drivers in reorienting American policy, discourse, and economics in the clean energy economy. The problem, however, is that many political and business leaders are unaware of the job-creating potential and economic benefits in the clean energy sectors. These benefits could be realized if we made a serious, strategic effort to align our latent strengths in manufacturing …


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 …


Freedom Of Contract Vs. Free Alienability: An Old Struggle Emerges In A New Context, Neil B. Cohen, William Henning Jan 2011

Freedom Of Contract Vs. Free Alienability: An Old Struggle Emerges In A New Context, Neil B. Cohen, William Henning

Faculty Scholarship

No abstract provided.