Susan Cotter – författare

This volume examines the important area of dispute resolution. Its main focus is upon those methods of resolving disputes which provide alternatives to the existing judicial system. Under discussion are the most prominent of these methods -- arbitration, mediation and conciliation -- as well as others, such as mini-trials, valuations and dispute review boards.

The authors are eminent legal practitioners and scholars from countries spanning the five continents. Consequently, the volume consists of accounts relating to the use of alternative dispute resolution methods in these countries. The pros and cons of each method are examined, together with the procedures involved, their applicability to certain types of cases and their future development.

This work also includes a chapter devoted entirely to International Fast-Trac Commercial Arbitration, which describes how fast-track clauses may be utilized in international commercial contracts to ensure that disputes are resolved rapidly and efficiently. The future for such clauses in individual countries is discussed and a comparative analysis given.

The topic chosen for this special volume of the Comparative Law Yearbook of International Business is unfair trading practices, the use of such practices being a breach of the law against unfair competition.

The principle of freedom of competition is vital to any market. Without it, there exists no protection against large companies obtaining monopolies and then ruthlessly exercising their market dominance. The ability of other companies to freely compete with such entities is, therefore, necessary to protect consumers from, for example, highly inflated prices.

On the other hand, the right to compete must also be tempered in order to avoid its abuse by traders using unscrupulous methods to sell their products or services. The use of such methods may, again, impede the businesses of others and breach the principle of fair competition.

This subject is particularly relevant in today''s society, where competition plays such an important role and new technologies, such as the Internet, provide more and more scope for competition.

When faced with a case of unfair trading practices, the most immediate course of action must be to put a stop to such behaviour as soon as possible. If this is not done, a company may find itself suffering heavy losses financially and may even lose its business altogether. A temporary injunction is, therefore, a very important shield against the attack of a competitor. Once this is in place, a company may initiate proceedings in order to finalize the order and obtain damage for any losses suffered.

This book gives a country-by-country account of the provisions and procedures laid down in various jurisdictions worldwide, each contribution being provided by a leading practitioner in the area of competition law. It will, therefore, be a useful tool for anyone having to deal with unfair acts in the course of trading.

The General Editor Dennis Campbell, is Director of the Center for International Legal Studies, Salzburg, Austria. He is assisted by a distinguished Board of Advisers drawn from leading academics and practitioners in Europe, North America and the Far East.

This nineteenth volume of the Comparative Law Yearbook of International Business contains sections concerning banking and finance, company law, trading practices and general commercial issues. Important financial issues such as foreign investment and taxation are dealt with, together with the topic of documentary credits and several banking issues. In the company law section, subjects such as liquidation, shareholdings and directors'' rights and liabilities are discussed. The heading of general commercial issues covers such topics as the shipping of goods, timeshare agreements, forfeiture of property, standardized contracts and intellectual property.

All of the above topics contribute to making this volume of the Yearbook a valuable tool for international legal practitioners and their clients.

The General Editor Dennis Campbell is Director of the Center for International Legal Studies, Salzburg, Austria. He is assisted by a distinguished Board of Advisors drawn from leading academics and practitioners in Europe, North America and the Far East.

This year''s Special Volume of the Comparative Law Yearbook of International Business concentrates on the topic of copyright infringement. Copyright infringement is an ever-growing problem, made worse by the constant flow of technological advances. The most important of these, of course, is the ability to make copies of copyright material. The last half of the century has seen the development of more and more sophisticated means of communication, both for work and entertainment purposes. Technology has moved on from the days of vinyl records and large mainframe computers, when the copying of material was not a possibility for the public at large. Now, almost every home has a cassette recorder, a video recorder and a personal computer, enabling their users to record music, television or film and to download information either from disk, CD-ROM or direct from the Internet. In addition, this has led to many people making a highly profitable business out of piracy. As well as music, film and video, any goods carrying a well-known brand name are copied and distributed unlawfully. The trade in counterfeit goods is so enormous that companies face lost revenues of billions of dollars each year.

The extent of copyright protection differs throughout the world, with varying requirements for the registration of copyright and periods for its term of protection, though there are attempts to harmonize legislation in this area by, for example, European Union Directives. The difficulties in proving ownership of copyright and the ease with which goods and information can be copied make this an extremely problematic area in terms of regulation and enforcement. Although new security devices are being developed to combat this phenomenon, there will always be those who make it their business to find ways of by-passing them.

This book gives an overview of the present legal situation regarding copyright infringement in various countries throughout the world. Its contributors are leading practitioners in the field of intellectual property law, making this an extremely useful source of information for anyone advising clients in, or just wanting to learn more about, this area.

The General Editor Dennis Campbell, is Director of the Center for lnternational Legal Studies, Salzburg, Austria. He is assisted by a distinguished Board of Advisers drawn from leading academics and practitioners in Europe, North America and the Far East.

The 1998 volume of the Comparative Law Yearbook of lnternational Business contains chapters covering a wide variety of legal issues. The first section deals with contractual matters, including joint venture contracts, agreements relating to agency, distribution, licensing and franchising, time sharing and preliminary agreements regarding the buying and selling of property. The second section deals with the privatization of former state owned companies and monopolies, such as media organizations. Under the heading of "Corporate Law", joint stock companies, sub-chapter S corporations, takeovers and new company legislation are discussed. The section on securities and investment deals, in particular, with the area of foreign investment, including tax incentives and the regulation of investments. There is also a section on taxation, which concentrates on offshore jurisdictions, and a section on general commercial issues. The topics covered in this final section vary to include technology transfer, evidential procedures, free trade areas, the regulation of resources, anti-trust matters, dispute resolution and new commercial legislation.

The variety of subjects covered in this volume should, therefore, appeal to a wide audience of legal practitioners.

The General Editor Dennis Campbell is Director of the Center for lnternational Legal Studies, Salzburg, Austria. He is assisted by a distinguished Board of Advisors drawn from leading academics and practitioners in Europe, North America and the Far East.

This year''s Special lssue of the Comparative Law Yearbook of International Business is devoted to the topic of international judicial assistance.

Bringing proceedings and obtaining and enforcing judgments is not an easy process under ordinary circumstances, but this is further complicated if the defendant is a foreign national or resides abroad, as he will therefore fall within the jurisdiction of another state. For reasons of state sovereignty and international relations, citizens of other states cannot be proceeded against in the same way as a country''s own nationals. Initiating proceedings against someone who is abroad requires the permission, and often the assistance, of the authorities of the foreign state. Assistance is needed especially in relation to, inter alia, the service of documents, discovery and the taking of evidence from parties or witnesses to the proceedings.

Due to the ever-increasing volume of international trade being undertaken in today''s modern society, joint ventures and business contracts now involve parties from all over the globe. In any business arrangement, there is the possibility that the need for litigation will arise, and multi-national ventures are no exception. There is, therefore, a large number of commercial actions brought which require assistance from the authorities of other states. Aside from the commercial field, with the aid of improvements to international travel and communication, many people are able to conduct their private lives between various different countries. This means that private disputes, for example the abduction of children, may also involve parties of various nationalities.

In order to pave the way for these and other proceedings, a number of multinational treaties have been entered into, which lay down guidelines as to the assistance to be given to foreign judicial systems. These include the Hague Service Convention, the Hague Evidence Convention and the Brussels and Lugano Conventions. In addition, many countries have entered into bilateral treaties based upon the principle of reciprocity.

This book explores the rights of countries to request assistance and their rights to refuse assistance. It covers the methods by which assistance may be obtained, for example through the judiciary or through diplomatic channels, and the issue of sovereign immunity. Also, this work discusses the use of letters rogatory, an important tool in the obtaining of assistance abroad, and raises the issue of differences between Common Law and Civil Law jurisdictions, especially with regard to the process of discovery of evidence.

This special volume of the Comparative Law Yearbook of International Business is devoted to the offshore industry: an industry which is today flourishing and caters for clients ranging from multi-national corporations to high net worth individuals. The book contains separate chapters from all of the world''s leading offshore jurisdictions and the authors describe the various vehicles available in their countries for minimizing liability to taxation. With the increasing interest in ''going offshore'', competition is running high between the different jurisdictions and this has led to the development of an ever more varied and complex range of investment schemes. There are also a number of international conventions and bilateral treaties dealing with taxation, in particular the issue of double taxation, which encourage business offshore.

This publication aims to explore the various services as well as the people who go offshore, the reasons for going offshore, the benefits available and where and how these can be achieved. All of the jurisdictions have their special areas of expertise and these are enumerated here, along with other advantages and attractions. This volume will, therefore, certainly be of use to anyone contemplating placing their funds offshore and to the practitioners advising them.