Search results for "Commercial"
showing 10 items of 973 documents
Economic sanctions in international arbitration
2018
Historically, economic sanctions, as options of foreign policy, are aimed on changing the behavior of the target state and its regime. In a very extreme situation, economic sanctions can be used in a comprehensive manner, which means prohibiting all kinds of financial transactions with the sanctioned state. The aforesaid policy necessarily constitutes a significant influence on the commercial relations between individuals within a sanctioned state and their international contractual relations. The imposed sanctions can cause obstacles for performing contractual obligations, s can lead to the disputes in international arbitration. Nowadays, the issue of sanctions in international arbitration…
European Cross-Border Insolvency Law
2022
The first edition of this textbook was published in 2016, but since then the legal and factual scenario of European cross-border insolvency law has changed dramatically. In particular, three main events have occurred. First, the prescriptions of Regulation (EU) 2015/848 (Recast) have become applicable; second, the UK has left the European Union, without this completely reducing the meaning of the regulation for the UK though; and third, the European Union has enacted Directive (EU) 2019/1023 on preventive restructuring and insolvency. Moreover, since 2016, the Court of Justice of the European Union (CJEU) has delivered significant new judgments, albeit regarding the Regulation (EU) 1346/200…
New Study Group on European Cooperative Law: 'Principles' Project
2012
This paper presents both a new scientific network named “Study Group on European Cooperative Law” (SGECOL), and the “Principles of European Cooperative Law” (PECOL) project, which SGECOL has identified as its first research activity.SGECOL is a European group of cooperative law scholars, established in Trento (Italy), at the European Research Institute on Cooperative and Social Enterprises (Euricse), in November 2011. SGECOL’s general objective is to conduct comparative research on cooperative law in Europe, thus promoting increased awareness and understanding of cooperative law within the legal, academic and governmental communities at national, European and international level. SGECOL int…
La téléréalité pourrait-elle contaminer la relation commerciale sur Internet?
2012
International audience; Participer à une émission de téléréalité est une activité rémunérée. Et pourtant, il s'agit d'un jeu... Alors que penser des activités sur l'Internet ? Au départ, tout y était gratuit, ou presque. Maintenant, c'est une toute autre histoire, puisque les entreprises cherchent à y tarifer tous leurs services. Mais, à l'inverse, allons-nous voir des internautes demander à leur tour à être rémunérés pour leur participation en ligne à la création de nouveaux produits, ou au montage de nouvelles campagnes, ou toute autre activité innovatrice ? Les entreprises qui en profitent feraient bien de se le demander, car les pratiques de la téléréalité pourraient bien faire des émul…
Path Dependence and Paradox in Harmonizing Out-of-court Procedures across Europe. The Evidence from Italy
2018
This paper focuses on the impact that the ‘new approach to business failure’ has had on Italian out-of-court procedures. It will demonstrate that in 2005 Italian law started to embrace the rescue culture of out-of-court procedures by means of a series of reforms; initially, this movement facilitated the incorporation of the ‘new approach to business failure’, but – and this is the paradox – the more law makers and courts remove the old paradigms and introduce new ones, which in principle could make the procedures smoother, cheaper and more efficient, the more the law in the book and the law in action appear to be overloaded with additional prerequisites which make the procedures cumbersome…
Il Jobs Act dei lavoratori autonomi e le strategie di tutela del contraente debole nei rapporti "b2b": il meticciamento delle regole come preludio a …
2019
Il saggio analizza gli aspetti di interesse prettamente civilistico del cosiddetto "Jobs Act dei lavoratori autonomi" (legge 22 maggio 2017, n. 81), mettendo in evidenza le novità in tema di strategie di tutela del contraente debole-lavoratore autonomo con specifico riferimento all'inserimento di clausole abusive nei contratti ricadenti sotto il suo ambito di operatività e all'abuso di dipendenza economica, e segnalando i tratti di continuità dello strumentario scelto con soluzioni proprie della legislazione consumeristica, nell'ottica di una possibile convergenza tra discipline .
Le siège de l'arbitrage international
2021
In international matters, the arbitral tribunal has no choice but to settle in the territory of a State in order to render its award. The choice of this "host State" would then determine the seat of international arbitration. But what choice do we make? How? By whom ? What to do in case of uncertainty of this choice? What effects will this determination then have in creating the tribunal, in rendering and enforcing its award, or in choosing the applicable laws? There is no single answer to these simple questions. Indeed, international arbitration law attaches varying importance to the notion of seat, in the sense that it will depend primarily on one's vision of the place and source of arbit…
From the Knowledge Creating Process to the Knowledge Creating Outcome: The Way to go for Multinational Corporations
2017
Continuous creation of new knowledge is an activity that is said to enable organizations gain competitive advantage in their operations. However, apart from a few studies that have generated a trail of similar studies on this subject, there remains a shortage of research on how the activity is to be coordinated from input to outcome phase for maximum benefit. This paper presents a proposal to study the knowledge creation activity with a focus on Multinational Corporations and builds on the characteristics of the knowledge creation activity: knowledge creating input (the means used to generate new knowledge); knowledge creating output (the result of the knowledge creating process); and the k…
Organizational social entrepreneurship: scale development and validation
2019
PurposeSocial entrepreneurship has become a growing field of research interest. Yet, past research has been held back by the lack of a rigorous measurement instrument. Rather than defining social entrepreneurship as an organizational form that a venture does or does not have, this paper agrees with Dees and Anderson (2006) that the construct is better thought of as a set of practices, processes and behaviors that organizations can engage in to a higher or a lesser degree. In other words, the construct is a set of behaviors that any organization can engage in. The purpose of the paper is to develop scale items to measure the construct of organizational social entrepreneurship (OSE).Design/me…
Governance Considerations for Seeker–Solver Relationships: A Knowledge-Based Perspective in Crowdsourcing for Innovation Contests
2019
The need to solve innovation problems and insource knowledge has led to an increasing number of organizations engaging in crowdsourcing activities and subsequently establishing working relationships with winning solution providers. Using a knowledge‐based view and the problem‐solving perspective, we develop a theoretical framework suggesting how specific innovation problem attributes (i.e. the decomposability, formulation and search space of the problem) influence the governance decision (unilateral vs. bilateral) of seekers to manage the relationship with winning solvers. We empirically analyse the framework using 582 challenges broadcast on the NineSigma crowdsourcing platform. Our result…