Overriding mandatory laws in international arbitration

Overriding mandatory laws present one of the most pervasive and delicate problems of international arbitration because these laws affect party autonomy in both its substantive and procedural dimension. The tension between these concepts both in theory and in practice is a classic emanation of the public-private divide, which is particularly problematic in international and transnational settings. This tension is all the stronger in the context of economic integration and regulation, such as in the EU Internal Market. This article revisits and conceptualizes the operation of overriding mandatory laws in the context of arbitration from the perspectives of conflict of laws, public law, and EU law. Drawing on the principles of effectiveness and proportionality, it proposes a practical rather than a theoretical solution to the dialectic relationship between private and public interests in legal certainty

Who is afraid of investor-state arbitration?: or comparative law?

The Trans-Atlantic Trade and Investment Partnership has been creating expectations and stirring fears ever since it was announced by EU Commission President Barroso and US President Obama in mid-2013. The promise to boost trans-Atlantic economic exchange in the world’s largest free-trade area came along with the aim to “include investment… protection provisions based on the… highest standards of protection that both sides have negotiated to date”. But the reasons given by the EU Commission in favour of including investor state dispute settlement in the TTIP are weak and almost self-defeating. For the EU to sign investment agreements framed along the lines of existing BITs and without proper safeguards would fundamentally change the current law of the Union as regards state liability, especially for legislative acts

INVESTOR STATE ARBITRATION AS PART OF EU'S JUDICIAL SYSTEM

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Colombia: estudio biológico y técnico.

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Innovation in Corporate Law

In most countries large business enterprises today are organized as corporations. The corporation with its key attributes of independent personality, limited liability and free tradeability of shares has played a key role in most developed market economies since the 19th century and has made major inroads in emerging markets. We suggest that the resilience of the corporate form is a function of the adaptability of the legal framework to a changing environment. We analyze a country\u27s capacity to innovate using the rate of statutory legal change, the flexibility of corporate law, and institutional change as indicators. Our findings suggest that origin countries are more innovative than transplant countries

Continental breakfast 11: fragile politics and trading relationships

Business Europe hosted a panel of LSE experts for a joint seminar with business representatives in Brussels on 25 June 2018 to discuss the current state of Brexit negotiations. Professors Kevin Featherstone and Tony Travers talked about the political situation in the UK, and Professor Paola Conconi and Jan Kleinheisterkamp went on to discuss potential new UK-EU trade relationships. Elsa Leromain (CEP, LSE) reports on the proceedings