Category: International Business Law
Chinese Arbitration—Still Distinctive
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David Howell, James Rogers, and Matthew Townsend: International parties seeking to enforce contracts in the PRC have long been wary of what they often see as unfamiliar and restrictive China-seated arbitration procedures. While a recent spate of reforms has brought Chinese arbitration more into line with international best practices, foreign parties continue to exercise caution.
The Future of Project Bonds in Latin America
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Emil Arca: There has been an increasing interest in the use of “project bonds” in Latin America. This article explains these debt instruments and charts their rapid rise in Latin America. It then goes on to explore the challenges surrounding the expanded use of these nascent means of financing.
Obligations to Negotiate in Good Faith in Sino-Australian Transactions
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Andrew Godwin: The question of whether commercial parties have a duty or obligation to negotiate in good faith is a question that has long exercised the minds of lawyers and courts in common law jurisdictions. The question can arise either in a pre-contractual context, where the primary focus is on whether the law imposes a duty to negotiate in good faith, or in a contractual context, where the primary focus is on whether agreements to negotiate are enforceable.
National Security and Chinese Investment Policy: A Comparative Critique
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Vivienne Bath: What role does – or should – national security play in foreign investment policy? This question has become increasingly relevant as countries around the world – including countries such as the United States and Australia which have traditionally maintained open investment policies – impose restrictions on investments on national security or national interest grounds.
Selling to China
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Antony Dapiran: The emergence of China as an international acquirer has been one of the major stories in international business in this second decade of the 21st century. Over the past several years, Chinese companies have become increasingly active in making acquisitions globally.
“National Interest” Concerns and Uncertain Investment Regimes Are Impeding Important Investments by Sovereign Wealth Funds
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Chris Carr: Chinese outbound investments aborted under the cover of national interest or national security tests, but more ostensibly on political grounds, have prompted concerns that Chinese outbound investment might be deterred by protectionist measures in some recipient countries. Governments and regulators should provide more clarity on foreign investment regulations and ensure the transparency of the review process, so as to not deter investments from large SWFs, like CIC, when such investments are needed most.
The Lessons from Libor for Detection and Deterrence of Cartel Wrongdoing
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Rosa M. Abrantes-Metz & D. Daniel Sokol: In late June 2012, Barclays entered a $453 million settlement with U.K. and U.S. regulators due to its manipulation of the London Interbank Offered Rate (Libor).
Restructuring Sovereign Debt Under Local Law: Are Retrofit Collective Action Clauses Expropriatory?
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Melissa A. Boudreau: The European sovereign debt crisis has generated a number of controversial restructuring proposals that would have seemed appropriate only for emerging markets just a few years ago...
Economic Crises and Emergency Powers in Europe
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Ragnhildur Helgadóttir: This article discusses the state reactions to financial crises from the point of view of domestic constitutional law and the main international obligations of European countries...
