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'A Tale of Two Cities – The Benefits of Publishing the RBS Report', William Davies, Issue 1, pp. 2–3 |
infoWilliam Davies, 'A Tale of Two Cities – The Benefits of Publishing the RBS Report' (2011) 32 Business Law Review, Issue 1, pp. 2–3 | | The decision of the Financial Services Authority (FSA) not to publish a report into the Royal Bank of Scotland attracted widespread criticism in the national press. As a result of this criticism the FSA have now announced that a report will be published in March 2011. This article seeks to compare this initial reluctance to publish with the publication of the Valukas Report earlier this year into the collapse of Lehman Brothers. Whilst this article acknowledges that Lehmans and RBS were very different events and the remit of the investigations differed significantly; it argues the demonstrable benefits from a published analysis of the failures in RBS make the change of heart by the FSA highly welcome. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011001 | 
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'Legislative Environment of the Arabic Supreme State Audit Systems: An Analytical Comparative Study from a Control and Accounting Perspective', Muhammad Yassein Rahahleh, Issue 1, pp. 4–14 |
infoMuhammad Yassein Rahahleh, 'Legislative Environment of the Arabic Supreme State Audit Systems: An Analytical Comparative Study from a Control and Accounting Perspective' (2011) 32 Business Law Review, Issue 1, pp. 4–14 | | The legislation governing the public agencies, including the Supreme Systems, provides an environment that enables these institutions to carry out the tasks entrusted to them, as it references between these institutions and between the government entities subject to control, and control results users from the other side. However, standards and principles of the International Organization of Supreme Audit Institutions represent reference for such institutions to carry out its tasks in the best way in the control of public funds. This paper aims to identify and explore the legislative environment of the supreme audit institutions in Arab countries, including the functions; the financial, administrative and functional dependency; the scope of control; and types of reports and the entities they are submitted to. Moreover, this study will evaluate this comparative research in the actual practice with the principles of the international standards issued by International Organization of Supreme Audit Institutions. The research covers Supreme Audit Institutions in Jordan, Syria, Saudi Arabia, United Arab Emirates, Oman, Bahrain, and Kuwait. The study shows that there are differences in legal rules that govern such institutions. These differences can be shown with respect to financial, administrative and functional independence of these institutions from executive authority; types of control applied; and reports prepared, and the parties to whom reports are submitted. To this end, this article recommends that there is a need to develop legislation that should be consistent and comported with all the modern trends on public property control such as environmental and information technology and not to be limited to financial control. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011002 |
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'Intellectual Property “Football Leagues Lose One: Draw One”', David Flint, Issue 1, pp. 15–16 |
infoDavid Flint, 'Intellectual Property “Football Leagues Lose One: Draw One”' (2011) 32 Business Law Review, Issue 1, pp. 15–16 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011003 |
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'Publications', Issue 1, pp. 17–17 |
info'Publications' (2011) 32 Business Law Review, Issue 1, pp. 17–17 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011004 |
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'In Parliament', Issue 1, pp. 18–22 |
info'In Parliament' (2011) 32 Business Law Review, Issue 1, pp. 18–22 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011005 |
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'In Court', Issue 1, pp. 23–24 |
info'In Court' (2011) 32 Business Law Review, Issue 1, pp. 23–24 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011006 |
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ISSUE 2 | |
'Flexible Working Legislation in the UK: For Better or Worse for SMEs in the West Midlands?', Jane Johnson, Issue 2, pp. 26–30 |
infoJane Johnson, 'Flexible Working Legislation in the UK: For Better or Worse for SMEs in the West Midlands?' (2011) 32 Business Law Review, Issue 2, pp. 26–30 | | Flexible working has become a vital element of workplace organisation both in the UK and throughout Europe. UK legislation provides that qualifying employees have a right to request flexible working arrangements, which forms one element of a raft of laws which have been introduced to improve the work-life balance within recent years. This article, based on research undertaken on SMEs in the West Midlands, examines whether there are benefits to flexible working arrangements and queries whether legislation is really necessary to implement this and whether the current legislation should be extended. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011007 |
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'Fighting Cybersquatting: Nominet Disputes Resolution Service Policy', Shereen Abu Ghazaleh, Issue 2, pp. 31–34 |
infoShereen Abu Ghazaleh, 'Fighting Cybersquatting: Nominet Disputes Resolution Service Policy' (2011) 32 Business Law Review, Issue 2, pp. 31–34 | | In the UK cybersquatting can be challenged through litigation under either the Trade Marks Act 1994 or passing-off law. Litigation is expensive and time-consuming but, if it succeeds, there are damages awarded and attorney fees are paid according to certain circumstances. Another way to claim against the abusive registration of domain names is through the UK’s domain name registration authority’s Dispute Resolution Service. This article describes the service and assesses its strengths and weaknesses. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011008 |
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'Current Reform Initiatives for Too-Big-to-Fail Financial Firms', Peter Yeoh, Issue 2, pp. 35–42 |
infoPeter Yeoh, 'Current Reform Initiatives for Too-Big-to-Fail Financial Firms' (2011) 32 Business Law Review, Issue 2, pp. 35–42 | | This articles examines current reform initiatives pursued in the US and the UK to address the risks and consequences posed by too-big-to-fail global financial conglomerates in the US and the UK. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011009 |
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'Intellectual Property “P2P or not P2P: That is the Question?”', David Flint, Issue 2, pp. 43–44 |
infoDavid Flint, 'Intellectual Property “P2P or not P2P: That is the Question?”' (2011) 32 Business Law Review, Issue 2, pp. 43–44 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011010 |
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'In Parliament', Issue 2, pp. 45–48 |
info'In Parliament' (2011) 32 Business Law Review, Issue 2, pp. 45–48 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011011 |
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'In Court', Issue 2, pp. 49–50 |
info'In Court' (2011) 32 Business Law Review, Issue 2, pp. 49–50 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011012 |
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ISSUE 3 | |
'Evolutionary rather than Revolutionary: The Equality Act 2010', Michael Doherty, Issue 3, pp. 52–53 |
infoMichael Doherty, 'Evolutionary rather than Revolutionary: The Equality Act 2010' (2011) 32 Business Law Review, Issue 3, pp. 52–53 | | This article explains the impact of the more important of the 90% of the Equality Act 2010, which came into force on 1 October 2010, as well those provisions as yet not implemented. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011013 |
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'Fulham Football Club (1987) Ltd v Richards [2010] EWHC 3111 (Ch)', Bill Davies, Issue 3, pp. 54–55 |
infoBill Davies, 'Fulham Football Club (1987) Ltd v Richards [2010] EWHC 3111 (Ch)' (2011) 32 Business Law Review, Issue 3, pp. 54–55 | | This case note examines the UK and Commonwealth authorities which govern whether it is possible to contractually exclude or diminish the operation of the Companies Act 2006, s.994 by the use of an arbitration clause. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011014 |
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'Intellectual Property “No Credit for Fake Brands!”', David Flint, Issue 3, pp. 56–58 |
infoDavid Flint, 'Intellectual Property “No Credit for Fake Brands!”' (2011) 32 Business Law Review, Issue 3, pp. 56–58 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011015 |
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'Employment “Resolving Workplace Disputes: Public Consultation”', Alan Wells, Issue 3, pp. 59–60 |
infoAlan Wells, 'Employment “Resolving Workplace Disputes: Public Consultation”' (2011) 32 Business Law Review, Issue 3, pp. 59–60 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011016 |
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'Dispute Resolution “Mediation and Arbitration”', Alan Wells, Issue 3, pp. 61–62 |
infoAlan Wells, 'Dispute Resolution “Mediation and Arbitration”' (2011) 32 Business Law Review, Issue 3, pp. 61–62 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011017 |
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'Publications', Issue 3, pp. 63–67 |
info'Publications' (2011) 32 Business Law Review, Issue 3, pp. 63–67 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011018 |
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'In Parliament', Issue 3, pp. 68–74 |
info'In Parliament' (2011) 32 Business Law Review, Issue 3, pp. 68–74 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011019 |
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'In Court', Issue 3, pp. 75–78 |
info'In Court' (2011) 32 Business Law Review, Issue 3, pp. 75–78 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011020 |
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ISSUE 4 | |
'Corporate Criminal Liability for Manslaughter: The Evolving Approach of the Prosecuting Authorities and Courts in England and Wales', Lucy Jones, Sarah Field, Issue 4, pp. 80–86 |
infoLucy Jones, Sarah Field, 'Corporate Criminal Liability for Manslaughter: The Evolving Approach of the Prosecuting Authorities and Courts in England and Wales' (2011) 32 Business Law Review, Issue 4, pp. 80–86 | | Recent years have seen the enactment of new legislation governing corporate liability for death caused by gross negligence through business activities. The Corporate Manslaughter and Corporate Homicide Act 2007 has been heralded as an important development in corporate criminal liability. Our research examines the potential impact of the Act, upon companies and their directors in the UK. The paper considers recent cases where there has been a fatality in the workplace due to gross negligence of the management, and examines the evolving approach of the prosecuting authorities and courts. From our investigations it would appear that the potential net of corporate criminal liability has now been spread further. If prosecutions are successful, large corporations may face severe fines; however it is small companies and their directors that will usually bear the burden of increased penalties for corporate failure. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011021 |
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'Intellectual Property ‘‘Scraping the Bottom of the Website’’', David Flint, Issue 4, pp. 87–88 |
infoDavid Flint, 'Intellectual Property ‘‘Scraping the Bottom of the Website’’' (2011) 32 Business Law Review, Issue 4, pp. 87–88 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011022 |
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'Financial Services and Markets ‘‘Detail is always Vulgar?’’', Alan Wells, Issue 4, pp. 89–89 |
infoAlan Wells, 'Financial Services and Markets ‘‘Detail is always Vulgar?’’' (2011) 32 Business Law Review, Issue 4, pp. 89–89 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011023 |
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'Publications', Issue 4, pp. 90–91 |
info'Publications' (2011) 32 Business Law Review, Issue 4, pp. 90–91 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011024 |
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'In Parliament', Issue 4, pp. 92–96 |
info'In Parliament' (2011) 32 Business Law Review, Issue 4, pp. 92–96 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011025 |
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'In Prospect', Issue 4, pp. 97–101 |
info'In Prospect' (2011) 32 Business Law Review, Issue 4, pp. 97–101 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011026 |
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ISSUE 5 | |
'Implications for Employers of the Abolition of the Default Retirement Age', David Regan, Issue 5, pp. 104–106 |
infoDavid Regan, 'Implications for Employers of the Abolition of the Default Retirement Age' (2011) 32 Business Law Review, Issue 5, pp. 104–106 | | From 6 April 2011 it will be age discrimination to dismiss someone by reason of retirement unless notice has been been given to that employee. This article examines the implications for employers: Alternatives to retirement: performance management or a 'gentle' conversation - that could that lead to claims of discrimination and constructive dismissal Difficulties of performance managing an older colleague: indirect age discrimination in performance measures and are these a genuine operational requirement? Positive action: since the Equality Act, s. 159 came into force in April, employers will be able to treat a person with a relevant characteristic more favourably if both are equally qualified - in this case, the relevant characteristic could be age. Therefore, could employers choose to hire older or younger people to 'balance out' their workforces? Should they? Will age be another check added to the 'equal opportunities' checklist that employers make new starters sign, so that employers will show they are 'age-neutral'? How to deal with employees you wish to retain for a set period but you could retire now - get them to sign a Compromise Agreement now with a termination date in that agreement, plus a second agreement (which they agree to sign in the .first) which they will sign on their termination date. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011027 |
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'Harrison v Link Financial Ltd [2011] EWHC B3: Greater Protection for Consumer Debtors?', Lee Mason, Issue 5, pp. 107–108 |
infoLee Mason, 'Harrison v Link Financial Ltd [2011] EWHC B3: Greater Protection for Consumer Debtors?' (2011) 32 Business Law Review, Issue 5, pp. 107–108 | | In Harrison, the claimant argued that he was not liable for any sum standing to his debit under the agreement because of MBNA's non-compliance with the Consumer Credit Act 1974 including, inter alia, a failure to send the claimant a copy of the 'terms and conditions'. This case is important because, other than the decision being based on non-compliance with various statutory provisions, the manner in which the creditors sought payment also formed the basis of the decision. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011028 |
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'Acquisition Financing in India: Working in an Emerging but Complex Market', Ritankar Sahu, Issue 5, pp. 109–112 |
infoRitankar Sahu, 'Acquisition Financing in India: Working in an Emerging but Complex Market' (2011) 32 Business Law Review, Issue 5, pp. 109–112 | | While Indian corporates are aggressively expanding their horizons their counterparts offshore are acquiring in India. While availability of funds is a favourable driver for investments, it has been the structuring options devised for Indian acquirers which have enabled them to make acquisitions offshore. Nevertheless, such hurdles should not be seen as a deterrent. This article describes the issues and regulatory hurdles and provides an overview of corporate structures and agreements used in mergers, amalgamations and acquisitions before describing how Indian companies are allowed to access funds from abroad. It then looks into domestic sources of .finance, statutory restrictions on loans from Indian banks, limits on capital market exposure, structured instruments, Indian depository receipts, terms of .financing documents, taking security in India, inter-creditor arrangements and the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011029 |
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'Takeovers and Mergers ‘‘Are You a Cadbury’s Fruit and Nut Case?’’', Alan Wells, Issue 5, pp. 113–119 |
infoAlan Wells, 'Takeovers and Mergers ‘‘Are You a Cadbury’s Fruit and Nut Case?’’' (2011) 32 Business Law Review, Issue 5, pp. 113–119 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011030 |
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'Intellectual Property ‘‘Taking it to the (Lime) Wire?’’', David Flint, Issue 5, pp. 120–121 |
infoDavid Flint, 'Intellectual Property ‘‘Taking it to the (Lime) Wire?’’' (2011) 32 Business Law Review, Issue 5, pp. 120–121 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011031 |
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'Publications', Issue 5, pp. 122–124 |
info'Publications' (2011) 32 Business Law Review, Issue 5, pp. 122–124 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011032 |
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'In Parliament', Issue 5, pp. 125–130 |
info'In Parliament' (2011) 32 Business Law Review, Issue 5, pp. 125–130 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011033 |
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'In Court', Issue 5, pp. 131–132 |
info'In Court' (2011) 32 Business Law Review, Issue 5, pp. 131–132 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011034 |
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'In Prospect', Issue 5, pp. 133–137 |
info'In Prospect' (2011) 32 Business Law Review, Issue 5, pp. 133–137 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011035 |
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ISSUE 6 | |
'Danone v Wahaha: Who Laughs Last?', Qingxiu Bu, Issue 6, pp. 140–147 |
infoQingxiu Bu, 'Danone v Wahaha: Who Laughs Last?' (2011) 32 Business Law Review, Issue 6, pp. 140–147 | | Multinational companies may experience culture clashes, incompatibility of Western corporate governance and legal resolution strategy problems. As one of the most successful joint venture models, the high-profile Danone v Wahaha dispute has accelerated into a two-year legal feud across jurisdictions against infringement of the famous Wahaha brand. The case represents a significant watershed, which reflects the status quo of controversy over cooperation and competition in China. Under the current legal framework, Danone's withdrawal serves as a wake-up call for both foreign investors and Chinese companies in the dramatically increasing cross-border merger & acquisitions situation. The seminal case perfectly illustrates unwritten issues about public opinion, nationalism and the rule of law. Danone v Wahaha has also been commonly conceived as a landmark case through the Chinese may judge the fairness of the Western judicial system, while Europeans may regard it as a touchstone for China's investment environment as well as the specific sphere of contracts. It also offers many lessons, including the need for watertight contracts, IP rights, and international arbitration. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011036 |
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'Formalities in the Execution of a Company Contract: A Recent Construction of the Companies Act 2006, s. 44', Lee Mason, Issue 6, pp. 148–149 |
infoLee Mason, 'Formalities in the Execution of a Company Contract: A Recent Construction of the Companies Act 2006, s. 44' (2011) 32 Business Law Review, Issue 6, pp. 148–149 | | This article examines whether, in the execution of company documents, the Companies Act 2006, s. 44(4) requires the words ''by or on behalf of'' to appear with the authorised signatures for them to sign on behalf of the company. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011037 |
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'Financial Crisis Inquiry Commission Report: Anything New?', Peter Yeoh, Issue 6, pp. 150–152 |
infoPeter Yeoh, 'Financial Crisis Inquiry Commission Report: Anything New?' (2011) 32 Business Law Review, Issue 6, pp. 150–152 | | This article provides a brief commentary on the Financial Crisis Inquiry Commission Report (FCICR). The 10- member Angelides Commission concluded that the 2007 - 2010 crisis was avoidable. It found widespread failures in financial regulation; dramatic breakdowns in corporate governance; excessive borrowing and risk-taking by households and Wall Street; policy makers who were ill prepared for the crisis; and systemic breaches in accountability and ethics at all levels. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011038 |
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'Announcement and Enforcement of Arbitral Awards Related to International Commercial Contracts', Omar Al-otean, Issue 6, pp. 153–154 |
infoOmar Al-otean, 'Announcement and Enforcement of Arbitral Awards Related to International Commercial Contracts' (2011) 32 Business Law Review, Issue 6, pp. 153–154 | | This article examines the time-limit requirements in international commercial arbitration and the special international law rules concerning conflicted jurisdiction Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011039 |
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'Health and Safety ‘‘Health and Safety v Common Sense’’', Alan Wells, Issue 6, pp. 155–158 |
infoAlan Wells, 'Health and Safety ‘‘Health and Safety v Common Sense’’' (2011) 32 Business Law Review, Issue 6, pp. 155–158 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011040 |
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'Intellectual Property, ‘‘It’s Not Always in the Bag!’’', David Flint, Issue 6, pp. 159–160 |
infoDavid Flint, 'Intellectual Property, ‘‘It’s Not Always in the Bag!’’' (2011) 32 Business Law Review, Issue 6, pp. 159–160 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011041 |
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'In Parliament', Issue 6, pp. 161–168 |
info'In Parliament' (2011) 32 Business Law Review, Issue 6, pp. 161–168 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011042 |
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'In Court', Issue 6, pp. 169–170 |
info'In Court' (2011) 32 Business Law Review, Issue 6, pp. 169–170 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011043 |
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ISSUE 7 | |
'Project Merlin and Regulatory Threat over the UK’s Banks', Pablo Iglesias Rodríguez, Issue 7, pp. 172–176 |
infoPablo Iglesias Rodríguez, 'Project Merlin and Regulatory Threat over the UK’s Banks' (2011) 32 Business Law Review, Issue 7, pp. 172–176 | | Project Merlin - the agreement between the UK Government and some major banks - has started the move towards the reform of important banking issues in the UK. One of the reasons for opting for a non-binding agreement instead of hard law is the assumption that the banks may perceive high probabilities of regulation if they do not comply with the provisions of the agreement and, hence, they will have an incentive to comply with it. However, a regulatory threat would require two elements to be credible and to influence the behaviour of the banks as regards compliance with the agreement. The first required element is a real commitment and clarity by the regulator, in this case the UK Government, in relation to regulatory targets. This article outlines the agreement, then questions whether it succeeds in properly providing clear rules by setting very general principles and by granting banks discretion in the interpretation of compliance. The second condition is that the costs associated with the imposition of regulation - for the banks - are lower than the benefits related to being incorporated in the UK. The article considers the possible reaction of the banks to excessive pressure. The author finally looks at whether legislative initiative or regulation would be a likely future response by the UK Government should the banks not comply with the agreement. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011044 |
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'The Section 2 Notice – Comply or Die?', Ron Cheriyan, Issue 7, pp. 177–178 |
infoRon Cheriyan, 'The Section 2 Notice – Comply or Die?' (2011) 32 Business Law Review, Issue 7, pp. 177–178 | | The SFO conducts searches using its statutory powers under the Criminal Justice Act 1987, s. 2. This provision gives it significant powers requiring a party potentially facing allegations of fraud to produce documents within its control. This article examines what are the legal obligations of an organisation under investigation to data subjects before responding to a Section 2 Notice. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011045 |
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'The Legal Procedures for Authenticating Electronic Commerce Contracts in the Light of the Jordanian Electronic Transaction Law: A Comparative Study', Samir Al-Dalalah, Issue 7, pp. 179–185 |
infoSamir Al-Dalalah, 'The Legal Procedures for Authenticating Electronic Commerce Contracts in the Light of the Jordanian Electronic Transaction Law: A Comparative Study' (2011) 32 Business Law Review, Issue 7, pp. 179–185 | | E-commerce contracts have recently become one of the means in terms of following the new developments in the commercial acts through the electronic means. This led to the necessity to look at the legal means that could achieve practising such commercial acts without any obstacles. Consequently, many different countries have taken into consideration this issue and passed legislation for organizing transactions in the digital environment. Since the documentation in e-contracts in the internet environment is not less important than the documentation in the traditional environment, the core aim of this article is to examine the legal solutions that have been used within comparative legislations, including Jordanian law, in order to assess the legislative efforts that protect such transactions. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011046 |
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'Corporate Crime ‘‘Bribery Act Guidelines’’', Alan Wells, Issue 7, pp. 186–187 |
infoAlan Wells, 'Corporate Crime ‘‘Bribery Act Guidelines’’' (2011) 32 Business Law Review, Issue 7, pp. 186–187 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011047 |
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'Insurance ‘‘Mis-selling Payment Protection Insurance’’', Alan Wells, Issue 7, pp. 188–190 |
infoAlan Wells, 'Insurance ‘‘Mis-selling Payment Protection Insurance’’' (2011) 32 Business Law Review, Issue 7, pp. 188–190 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011048 |
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'Computers and Internet ‘‘Do You Know Exactly What You Are Buying?’’', David Flint, Issue 7, pp. 191–192 |
infoDavid Flint, 'Computers and Internet ‘‘Do You Know Exactly What You Are Buying?’’' (2011) 32 Business Law Review, Issue 7, pp. 191–192 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011049 |
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'In Parliament', Issue 7, pp. 193–198 |
info'In Parliament' (2011) 32 Business Law Review, Issue 7, pp. 193–198 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011050 |
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'In Court', Issue 7, pp. 199–200 |
info'In Court' (2011) 32 Business Law Review, Issue 7, pp. 199–200 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011051 |
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ISSUE 8/9 | |
'‘Towards a Coherent European Approach to Collective Redress’: More Questions than Answers?', Vincent Smith, Issue 8/9, pp. 204–209 |
infoVincent Smith, '‘Towards a Coherent European Approach to Collective Redress’: More Questions than Answers?' (2011) 32 Business Law Review, Issue 8/9, pp. 204–209 | | The European Commission has been engaged in consultation on the form and scope of an EU collective redress mechanism for some time, persisting with the broad thrust of its policy as originally outlined in its Green Paper in 2005 on damages actions in EU competition law. This article considers why a European collective redress framework would be desirable. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011052 |
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'Financial Complaints Data – Needles in Haystacks?', Ron Cheriyan, Issue 8/9, pp. 210–211 |
infoRon Cheriyan, 'Financial Complaints Data – Needles in Haystacks?' (2011) 32 Business Law Review, Issue 8/9, pp. 210–211 | | This article analyses the complaints data published by three leading banks and asks whether such data is sufficiently accessible for consumers to review and understand the data received. Are consumers required to calculate this amount for themselves? Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011053 |
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'Others’ Claims against Limited Liability Companies in Jordan', Abdullah Khaled Al-Sofani, Issue 8/9, pp. 212–214 |
infoAbdullah Khaled Al-Sofani, 'Others’ Claims against Limited Liability Companies in Jordan' (2011) 32 Business Law Review, Issue 8/9, pp. 212–214 | | Since the liability of a partner in a limited liability company is limited to his shares in the capital, and since the manager, in such a company, is not liable to be questioned, unless he acts ultra vires, the Jordanian legislator has adopted effective measures, in the Companies Law No. 22 of 1997 and its amendments. These measures protect the interests of third parties by enabling them to file a claim of nullity whenever a breach occurs in one the subjective conditions and/or in the formal basis, i.e., initiation contract and registration in the commercial register, and to file a claim of responsibility, after establishing a basis for its existence, against the company founders and the board members or against the company itself as a legal entity. Actually, these procedures, in addition to protecting the interests of others dealing with this type of company, would make the company a trusted enterprise, which would encourage investors and the businesspeople, especially foreign ones, to enter into business with it. This paper examines these actions in light of the Jordanian Companies Law. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011054 |
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'Intellectual Property ‘‘Copyright Reform – ‘Digital Opportunity’ ’’', Alan Wells, Issue 8/9, pp. 215–219 |
infoAlan Wells, 'Intellectual Property ‘‘Copyright Reform – ‘Digital Opportunity’ ’’' (2011) 32 Business Law Review, Issue 8/9, pp. 215–219 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011055 |
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'Computers and Internet ‘‘Out of Control?’’', David Flint, Issue 8/9, pp. 220–227 |
infoDavid Flint, 'Computers and Internet ‘‘Out of Control?’’' (2011) 32 Business Law Review, Issue 8/9, pp. 220–227 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011056 |
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'Publications', Issue 8/9, pp. 228–230 |
info'Publications' (2011) 32 Business Law Review, Issue 8/9, pp. 228–230 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011057 |
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'In Parliament', Issue 8/9, pp. 231–239 |
info'In Parliament' (2011) 32 Business Law Review, Issue 8/9, pp. 231–239 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011058 |
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'In Court', Issue 8/9, pp. 240–241 |
info'In Court' (2011) 32 Business Law Review, Issue 8/9, pp. 240–241 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011059 |
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ISSUE 10 | |
'Reform of Financial Regulations in the UK: Contents and Implications', Peter Yeoh, Issue 10, pp. 244–250 |
infoPeter Yeoh, 'Reform of Financial Regulations in the UK: Contents and Implications' (2011) 32 Business Law Review, Issue 10, pp. 244–250 | | This article examines the key implications of the UK's new approach to financial regulation and includes commentaries on the April 2011 Interim Report of the Independent Commission on Banking. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011060 |
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'Hung Out to Dry? Nylon’s Fight with Barclays', Ron Cheriyan, Issue 10, pp. 251–252 |
infoRon Cheriyan, 'Hung Out to Dry? Nylon’s Fight with Barclays' (2011) 32 Business Law Review, Issue 10, pp. 251–252 | | This article examines the dispute in Barclays Bank plc v Nylon Capital LLP [2011] EWCA Civ 826 at the end of which the Court of Appeal, despite the parties having settled out of court and expressed a desire for commercial privacy, decided to hand down its judgment containing a number of issues of some general significance. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011061 |
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'A Theoretic Study in Light of the Jordanian Arbitration Law: The Problem of Arbitration Clauses', Abdullah Khaled Al-Sofani, Issue 10, pp. 253–256 |
infoAbdullah Khaled Al-Sofani, 'A Theoretic Study in Light of the Jordanian Arbitration Law: The Problem of Arbitration Clauses' (2011) 32 Business Law Review, Issue 10, pp. 253–256 | | Despite the novelty of adopting arbitration clauses by the Jordanian legislator as a tool to resolve disputes, and despite expansion in this field, this indeed led to developing a business transactions system, which positively affected the promotion of the Jordanian economy through the resolution of disputes arising between investors within the required time frame. This expansion could be a threat to arbitrating parties who, with an arbitration clause omitting the reference to courts, the latter providing securities that arbitrating parties cannot avoid this risk unless they are aware of the results of contracting to an arbitration clause, which means omitting the option of referring to courts going through arbitration proceedings, starting with the appointment of an arbitral tribunal, until the issuance of the arbitration verdict. Thus this condition becomes a means of pressure in favour of the powerful party in contracting, since the weaker party, in anticipation of contracting, accepts all the terms and conditions stipulated in the contract without discussing the stipulations of the arbitration clause on how to appoint the arbitrators, the method of arbitration, and the procedures adopted in arbitration, etc., which are usually endorsed by the stronger party in his favour, which harms the interests of the weaker party. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011062 |
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'Russian Arbitral Tribunals Deal with Disputes Related to Real Estate', Sergey Patrakeev, Dmitry Dmitriev, Issue 10, pp. 257–257 |
infoSergey Patrakeev, Dmitry Dmitriev, 'Russian Arbitral Tribunals Deal with Disputes Related to Real Estate' (2011) 32 Business Law Review, Issue 10, pp. 257–257 | | The Russian Constitutional Court has recently ruled on the question of capacity of an arbitral tribunal to consider disputes relating to immovable property, as the result of a dispute may be the transfer of rights to such property which is subject to state registration. The ruling opens the possibility that arbitral tribunals may resolve corporate disputes. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011063 |
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'Insurance ‘‘Insurance Contract Law Reform: Consumer Insurance - Disclosure and Representations’’', Alan Wells, Issue 10, pp. 258–260 |
infoAlan Wells, 'Insurance ‘‘Insurance Contract Law Reform: Consumer Insurance - Disclosure and Representations’’' (2011) 32 Business Law Review, Issue 10, pp. 258–260 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011064 |
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'Computers and Internet ‘‘The Sky’s No Longer the Limit’’', David Flint, Issue 10, pp. 261–263 |
infoDavid Flint, 'Computers and Internet ‘‘The Sky’s No Longer the Limit’’' (2011) 32 Business Law Review, Issue 10, pp. 261–263 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011065 |
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'Publications', Issue 10, pp. 264–265 |
info'Publications' (2011) 32 Business Law Review, Issue 10, pp. 264–265 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011066 |
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'In Parliament', Issue 10, pp. 266–276 |
info'In Parliament' (2011) 32 Business Law Review, Issue 10, pp. 266–276 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011067 |
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'In Court', Issue 10, pp. 277–278 |
info'In Court' (2011) 32 Business Law Review, Issue 10, pp. 277–278 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011068 |
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ISSUE 11 | |
'The Vickers Report', Clare Chambers-Jones, Issue 11, pp. 280–284 |
infoClare Chambers-Jones, 'The Vickers Report' (2011) 32 Business Law Review, Issue 11, pp. 280–284 | | Despite warnings from Wall Street that Britain's banks could lose about a quarter of their earnings as a result, Sir John Vickers, chairman of the Independent Commission on Banking, has recommended that banks be given eight years to implement far-reaching reforms, separating their High Street branches from their riskier investment divisions, before the UK becomes one of the strictest financial systems in the world. This article looks at his report. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011069 |
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'A Detailed Analysis of How the US Dodd-Frank Act and Related Rules Will Impact Foreign Investment Advisers', Kenneth W. Muller, Seth Chertok, Issue 11, pp. 285–292 |
infoKenneth W. Muller, Seth Chertok, 'A Detailed Analysis of How the US Dodd-Frank Act and Related Rules Will Impact Foreign Investment Advisers' (2011) 32 Business Law Review, Issue 11, pp. 285–292 | | On 22 June 22 2011 the Securities and Exchange Commission (''SEC'') published three new releases under the US Investment Advisers Act of 1940, as amended (the ''Advisers Act'') that implement Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the ''Dodd-Frank Act''), which potentially will have a sweeping impact on non-US advisers. This article explains the key provisions of the new releases and the Dodd-Frank Act, as they relate to non-US advisers. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011070 |
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'Effects of an Arbitral Award Appeal Case', Omar F. Otean, Issue 11, pp. 293–296 |
infoOmar F. Otean, 'Effects of an Arbitral Award Appeal Case' (2011) 32 Business Law Review, Issue 11, pp. 293–296 | | This article examines the sequences of a rule-out case submission and the authority of the court that considers the rule-out case in Jordanian law. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011071 |
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'Computers and Internet ‘‘Say it with Flowers!’’', David Flint, Issue 11, pp. 297–299 |
infoDavid Flint, 'Computers and Internet ‘‘Say it with Flowers!’’' (2011) 32 Business Law Review, Issue 11, pp. 297–299 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011072 |
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'Publications', Issue 11, pp. 300–305 |
info'Publications' (2011) 32 Business Law Review, Issue 11, pp. 300–305 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011073 |
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'In Parliament', Issue 11, pp. 306–313 |
info'In Parliament' (2011) 32 Business Law Review, Issue 11, pp. 306–313 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011074 |
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'In Court', Issue 11, pp. 314–315 |
info'In Court' (2011) 32 Business Law Review, Issue 11, pp. 314–315 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011075 |
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ISSUE 12 | |
'Half the Bank, Half the Risk, Part 1: The United States', Henry Hillman, Issue 12, pp. 318–329 |
infoHenry Hillman, 'Half the Bank, Half the Risk, Part 1: The United States' (2011) 32 Business Law Review, Issue 12, pp. 318–329 | | This two-part article assesses the 2007/08 financial crisis: explaining how a speculative bubble began, grew and eventually burst; comparing it to the Great Crash of 1929; and assessing the possibility and practicality of a split between commercial and investment banking activities being enacted either in the US or the UK, with consideration for the global nature of modern banking. This first part of the article examines the development of the bubble and responses to the crisis in the US. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011076 |
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'Online Commercial Arbitration in Jordan: Prospects and Challenges', Emad Abdel Rahim Dahiyat, Issue 12, pp. 330–338 |
infoEmad Abdel Rahim Dahiyat, 'Online Commercial Arbitration in Jordan: Prospects and Challenges' (2011) 32 Business Law Review, Issue 12, pp. 330–338 | | Online arbitration is a promising method for the resolution of electronic commerce disputes since it copes much more maturely with the speed, dynamism and global nature of cross-border transactions over the Internet by avoiding formalities, delays and the expense of ordinary litigation. However, the flourish of online arbitration does not only depend on the technology but also relies on the legal framework and whether it is flexible enough to encompass such modern kind of arbitration and allow the smooth running of its procedures. This paper thus explores the main challenges that might face the future of online arbitration in Jordan, and examines whether or not the Jordanian Law is in line with the international and European standards in this regard, chiefly those found in the EC Directives and the UNCITRAL Model Laws. Furthermore, this paper briefly addresses the issue of what the law ought to be in order to successfully accommodate online arbitration and make its use possible. Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011077 |
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'Computers and Internet ‘‘No DP Silver Lining in this Cloud!’’', David Flint, Issue 12, pp. 339–340 |
infoDavid Flint, 'Computers and Internet ‘‘No DP Silver Lining in this Cloud!’’' (2011) 32 Business Law Review, Issue 12, pp. 339–340 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011078 |
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'In Parliament', Issue 12, pp. 341–345 |
info'In Parliament' (2011) 32 Business Law Review, Issue 12, pp. 341–345 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011079 |
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'In Court', Issue 12, pp. 346–347 |
info'In Court' (2011) 32 Business Law Review, Issue 12, pp. 346–347 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011080 |
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'Annual Indices', Issue 12, pp. 348–354 |
info'Annual Indices' (2011) 32 Business Law Review, Issue 12, pp. 348–354 | | Copyright © 2011 Kluwer Law International
All rights reserved ISSN: 0143-6295
ID: BULA2011081 |
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