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In recent years, numerous international commercial courts have been established to align dispute resolution mechanisms with the needs of international commerce. In June 2018, China entered this arena with the creation of the China International Commercial Court (CICC), a court specifically designed to facilitate international commercial dispute resolution and, in particular, solve disputes emerging from the One Belt One Road Initiative (BRI). However, the CICC has been less innovative than other international commercial courts. It has limited jurisdiction and relatively few international and arbitration-like features. Against this background, at the time of its creation, significant questions arose regarding the role the CICC would play within the dispute resolution market. This article considers the performance of the CICC over its first five years and empirically evaluates its performance compared to other commercial courts. An examination of the number of cases and their characteristics reveals that the international appeal of the CICC as a dispute resolution venue has been limited. Nevertheless, this article argues that the CICC can play a role in bolstering the ability of the Chinese legal system to address foreign-related disputes – namely, by producing guiding case law for situations that may come before the lower courts and by providing an institutional model that can be replicated at lower levels of the Chinese court structure. [ABSTRACT FROM AUTHOR]

Bankruptcy is a condition of debtor's failure to pay his debts to his creditors. The debtor's failure to pay debts continuously will result in the debtor's bankruptcy. One of the legal instruments that can be used to settle debts as debtor's obligation. Historically, the presence of bankruptcy institutions in Indonesia since Dutch East Indies government in Indonesia, which was enacted known as Faillissements verordening, Staatsblad 1905:217 juncto Staatsblad 1906:348), which was later referred to as the Bankruptcy Law. However, in its development, the substance of Faillissements verordening was considered no longer in accordance with development and legal needs of today's society. Therefore, the Faillissements verordening has been amended by Government Regulation in Lieu of Law Number 1 of 1998 concerning Amendments to Law on Bankruptcy, which was then stipulated as a Law based on Law Number 4 of 1998 concerning Bankruptcy. However, these changes to law have not been able to meet the developments and legal needs of society. [ABSTRACT FROM AUTHOR]

This study seeks to investigate and elucidate the legal implications arising from the rejection of the Creditor's PKPU Application as determined by the Commercial Court Decision in the Surabaya District Court, case number 79/PDT.SUS-PKPU/2020/PN Niaga Sby., to examine and evaluate the legal options accessible to creditors when the debtor cannot repay the debt. This research is a document study, which uses various secondary data such as laws and regulations, court decisions both at the first level, appeal, and cassation levels, as well as reviews, and legal theory, which can be in the form of opinions of scholars in the field of law. The research analyzed the Commercial Court Decision at the Surabaya District Court Number 79/Pdt. Sus-PKPU/2020/PN Niaga Sby., which is the rejection of the PKPU Application from the Creditor. It is done to see the positive application of law to concrete cases in the community, especially to the judge's considerations that are the basis for issuing decisions. The study results show that the Decision of the Judicial Panel Number 79/PDT. SUS-PKPU/2020/PN Niaga SBY is not following the Law 37 of 2004 concerning PKPU and Bankruptcy, where the Submission of PKPU Creditors (PT. Bank ABC) has met the requirements of Article 222 paragraph 1 of the Law and PKPU, where the Panel of Judges of the Commercial Court considers the Interlocutory Decision of the Panel of Judges of the District Court (Number: 324/pdt.g/2020/PN. Sby) is not yet an inkracht van gewijsde. [ABSTRACT FROM AUTHOR]

In the last thirty years, international commercial courts (ICCs) have emerged around the world. ICCs offer adjudication in international commercial disputes. They are not creatures of international law – as their name may suggest – but specialized domestic courts embedded in national legal orders. The rise of ICCs is remarkable in that scholars expected commercial arbitration to gradually displace litigation in the twenty first century. What drives the creation of ICCs? Legal research suggests that ICCs are a manifestation of a new era of assertive unilateralism in global governance. Scholars point to states' geopolitical motives, backlashes against private authority in the form of arbitration, and economic statecraft. Drawing on the New Interdependence Approach, this study argues that most ICCs are the result of policy entrepreneurship of elite law firms in the pursuit of growing the global market for commercial litigation. Depending on the legal-political context, they forge coalitions with domestic judiciaries or political leaders to advance ICC projects. The study highlights deep-rooted changes in the global dispute resolution landscape, the important role of commercial law in International Political Economy (IPE), and points to the mostly overlooked significance of law firms and judiciaries as architects of global economic governance. [ABSTRACT FROM AUTHOR]

The article is devoted to clarifying the place and role of the commercial court’s judge in executive proceedings during the execution of the executive document issued by this judge. The circle of persons participating in executive proceedings is outlined. Attention has been drawn to the classification of these persons based on their interest in the purpose of the executive process. In the absence of a direct indication in the law regarding a judge as a participant in executive proceedings, it is emphasized that the judge of economic proceedings belongs to this circle of persons, based on the analysis of the norms of the current legislation. The level of legal support for the participation of a judge of the commercial court in executive proceedings is highlighted, including the attention which is paid to the correlation of norms of the commercial process on the specified issue. The cases where the parties to enforcement proceedings can appeal to the judge of the commercial court, the legal regulation of the possibilities and obligations of state and private executors to appeal to the judge of the commercial court in connection with the execution of his executive document are considered and classified. Issues that are decided by the judge of the commercial court in the executive process are highlighted. Only the parties to enforcement proceedings can address certain issues to the court, others - only executors (public and private), some issues can be addressed to the court by both parties and executors. The forms of appeals of the participants in the process, which are complaints, statements, submissions, as well as the form of the reaction of the judge of the commercial court, were considered. All issues in the process of execution of a court decision are resolved by the judge through the issuance of resolutions. Court decisions, which the law recognizes as executive court documents, that can be executed in executive proceedings, are classified. Such can be both actual court decisions and acts of a judge, as well as decisions of other bodies, for the execution of which, in accordance with the law, the judge issues an act, which is an executive document. The concept of the stage of “execution of a court decision” in economic proceedings and “executive proceedings” as a process of enforcement of a decision of a judge of a commercial court is distinguished. [ABSTRACT FROM AUTHOR]

Copyright of Arts Magazine is the property of Thamar University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Forum selling is a legal term used to describe the practices of courts and judges, geared towards attracting cases, such as increasing the predictability of judgments or speeding up trials. However, do courts also go beyond forum selling to attract cases? Taking international commercial courts as its focus, this article explores how these courts market themselves to attract cases and coins the term 'forum marketing'. It demonstrates that the courts' recent establishment, coupled with their voluntary jurisdiction, creates a compelling context, which encourages them to engage in forum marketing. The article argues that forum marketing is not merely a byproduct of the competition in commercial dispute resolution, but a powerful mechanism with deeply persuasive, normative and, effectively, structuring properties. Forum marketing is central to disseminating and reinforcing a pro-business approach in civil justice, consequently setting the stage for procedural inequality and a one per cent procedure. [ABSTRACT FROM AUTHOR]

The article is devoted to issues of the application of currency and civil/economic legislation of Ukraine in the consideration of economic disputes, in particular the possibility of satisfaction by the economic courts of Ukraine of non-resident claims regarding the collection of debts in Ukrainian hryvnias from resident debtors, if such debts are payable in foreign currency under the terms of foreign economic contracts. Using the example of a specific court case, the author analyzes the provisions of national contract law, including the principles of freedom of contract, the binding nature of its terms, the stability and predictability of contractual relations, as well as banking legislation of Ukraine, which regulates the status of national and foreign currency. The author emphasizes that if the parties define a foreign currency as the currency of payment in the contract, the admissibility of its replacement in the performance of the obligation, in particular, in the case of forced collection of funds by the court, to the legal tender of the country of the court can take place only with the consent of the debtor, and not at the will of the creditor. This is due to the fact that the legal tender according to the relevant norms of the current legislation is mandatory for acceptance, and not for demand, which characterizes the obligations of the creditor and the rights of the debtor, and not vice versa. At the same time, it is noted that the court's refusal to collect the debt due to the plaintiff's incorrect indication of the currency of the collection does not prevent the further protection of the creditor's rights, and therefore the principle of the obligation of the terms of the contract should be given priority over the question of the effectiveness of the court's protection of the right (in terms of quick and final resolution of the legal dispute, with less attention to the parties' formal objections). As a result, the author concludes that the court's agreement with the creditor's position about the possibility of debt collection in a currency other than the one in which the debt was payable according to the contract cannot be considered sufficiently justified. At the same time, it was emphasized that the currency and civil legislation of Ukraine in this matter deserves to be clarified to avoid controversial situations between business entities. [ABSTRACT FROM AUTHOR]

The article examines the legal status of creditors and their representative bodies in bankruptcy cases of limited liability companies. It is noted that one of the main tasks of the Code of Ukraine on bankruptcy procedures is to satisfy the demands of creditors. On the basis of judicial practice, it is determined that the mandatory task of bankruptcy proceedings is the fair satisfaction of the entire set of creditors’ claims in the order of priority established by law. Therefore, proceedings in bankruptcy cases are objectively formed on the basis of creditor competition. Therefore, the purpose of bankruptcy proceedings is to balance the realization of the rights and legitimate interests of the participants in the case. An urgent task is to develop and apply an effective mechanism for the interaction of creditors with other participants in bankruptcy proceedings, to establish at the legislative level and in the practical aspect the proper regulation of the legal status of creditors in order to provide them with effective means of protection against the dishonest behavior of other participants in bankruptcy procedures and to fairly satisfy them requirements It is proposed, in particular, to amend a number of provisions of the Code of Ukraine on Bankruptcy Procedures, in particular, to the second part of Article 90 of the Code of Ukraine on Bankruptcy Procedures and to put it in the wording determined by the author, to return the provisions of the second part of Article 11 of the Law of Ukraine «On Restoring the Debtor’s Solvency or Recognition of bankrupt», etc. Peculiarities of the legal status of secured, current, bankruptcy creditors in bankruptcy cases of limited liability companies are analyzed. Attention is drawn to the fact that with the adoption of the Code of Ukraine on bankruptcy procedures compared to the previous Law of Ukraine «On restoring the debtor’s solvency or declaring him bankrupt», the protection of the rights and legitimate interests of secured creditors has improved by improving the legal regulation of bankruptcy procedures. It was concluded that the creditors interact with each other by convening and holding creditors’ meetings and making a decision to create a representative body - the creditors’ committee, determine its quantitative composition and elect its members. At the same time, creditors of companies must take into account and take into account the rights and legitimate interests of each other, observing the principles of inadmissibility of abuse of procedural rights, competition and legality. [ABSTRACT FROM AUTHOR]

With the entry into force of the Code of Ukraine on Bankruptcy Procedures, the norms governing the recognition of a natural person as bankrupt began to apply to all natural persons, regardless of whether they have the status of an entrepreneur. This became a new stage in the history of the development of domestic insolvency (bankruptcy) law, since now the participants in the economic process are natural persons, whose debts are not related to the implementation of economic activity, and the court, in whose proceedings such a case is pending, can deal with legal relations, which were traditionally considered by general courts in civil proceedings. All this determines the need to clarify the legal nature of the institution of insolvency of natural persons. The purpose of the article is to clarify the legal nature of the institution of insolvency of individuals and the place of this institution in the legal system of Ukraine. The author considered the approaches that exist in legal science regarding the legal nature and place of the institution of insolvency of a natural person. It is emphasized that since the issues of bankruptcy and insolvency have historically always been in the scope of economic law and process, and the introduction of the possibility of declaring bankrupt individuals without such status, along with the bankruptcy of natural persons – entrepreneurs, does not mean the transfer of these legal relations to the sphere of civil law. Rather, the opposite is the case here - the spread of economic and legal norms to the peculiarities of legal regulation of the status of natural persons without the status of a subject of entrepreneurial activity. It is substantiated that during the time of its existence, commercial courts have demonstrated quality and efficiency in resolving commercial disputes, including developing an effective toolkit for considering bankruptcy cases, which is currently effectively used in the case of insolvency of individuals. The concentration of all disputes involving the debtor within the insolvency case of a natural person was analyzed. It was emphasized that from the moment of the opening of proceedings in the case of insolvency of an individual, all disputes arising regarding the latter’s property interests are decided by the commercial court. [ABSTRACT FROM AUTHOR]

This study investigates the legal issues arising from Supreme Court Circular Letter Number 2 of 2019 concerning bankruptcy applications by workers, focusing on the legal vacuum and lack of clarity regarding the rights that can form the basis of such applications. The research employs a normative legal method, analyzing legal norms, legislation, and judicial decisions to assess the challenges faced by workers in filing bankruptcy applications. The findings reveal significant gaps, including the requirement for a legally binding decision from the Industrial Relations Court (PHI) prior to filing, which creates procedural delays and confusion. The lack of clarity on the scope of workers' rights, especially regarding non-wage entitlements such as bonuses and allowances, further exacerbates legal uncertainty. The study recommends revising the circular to address these gaps, enhancing coordination between PHI and the Commercial Court, and improving legal awareness among workers. These steps aim to create a more robust framework for protecting workers' rights and ensuring legal certainty in bankruptcy applications. The study highlights the urgent need for reform to strengthen legal protections for workers in Indonesia. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The protection of intellectual property (IP) has become a critically important issue for modern enterprises, particularly in light of globalization and the rapid advancement of information technologies. For Ukraine, this concern is especially urgent as the country undergoes European integration, which necessitates harmonizing its national legal framework with European standards. The growing importance of intellectual property in a digitalized, interconnected global economy underscores the need for comprehensive and effective protection mechanisms. However, challenges persist in Ukraine due to imperfections in the legal system, a low level of legal culture, and insufficient awareness among entrepreneurs regarding their rights and available legal remedies. These obstacles significantly hinder the effective protection of intellectual property. Moreover, the increasing frequency of court disputes related to intellectual property rights violations highlights the inadequacy of existing protection mechanisms and the need for more efficient strategies. The protection of intellectual property is not merely an issue of legal compliance; it plays a vital role in fostering innovation and stimulating economic growth. A robust IP protection system enhances a country's investment climate by providing security and predictability for foreign investors. This, in turn, promotes technological advancement, the commercialization of ideas, and the overall economic development of the country. Thus, exploring effective strategies for intellectual property protection in Ukraine's commercial courts has become an urgent and highly relevant task. This research requires a comprehensive approach, taking into account both national legal norms and international standards. By studying the legal framework and judicial practices surrounding IP protection, it is possible to identify gaps, propose reforms, and create a more efficient system that safeguards the interests of IP holders while aligning with global best practices. [ABSTRACT FROM AUTHOR]

The focus of the study is on trustees appointed for joint stock companies. Although it could be argued that decisions on the appointment of trustees under special legislation should also be taken by the trustee office and be subject to the supervision of the civil court of first instance as the supervisory authority, this would not be in line with the purpose of the special provisions. Although the appointment of a trustees to a company is generally an interim measure. In our opinion, the most important shortcoming in the appointment of trustees in practice is the lack of authority for the appointed trustees, as opposed to those who are subject to general provisions. In practice, it would be beneficial if objections could be reviewed by the next court, or even if the appointment is made by the president of the court or a single judge, for example in commercial courts, objections should be decided by a court. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the legal response to a controversy on dietary information in the context of commercial court and appellate court rulings. Against a backdrop of health and environmental crises, the construction of information on such risks has become a sensitive issue for market actors, as a result of which courts are asked to arbitrate conflicts. This is particularly important at a time when informational mediations carried out by new actors increasingly take the form of digital ratings and augmented information. The dispute involving the firm Yuca and the French agro-industrial processed meat sector is a case in point. This paper analyses the structural arguments put forward in this legal dispute at the first instance and appeal stages. In the light of law and socio-economics, it untangles questions pertaining to the link between denigration and freedom of expression and the definition of the role of scientific research and consensus in the decisions. This leads us to shed light on the contents of the changing missions of two central types of actors: the mediators who monitor and regulate market practices and the judges that arbitrate these mediations and settle controversies. [ABSTRACT FROM AUTHOR]

The article discusses a court case involving a dispute over the gold assets held by the Bank of England for the Central Bank of Venezuela between the Maduro Board, for the de facto government of President Nicolás Maduro Moros, and the GuaidóBoard, for the jure government of interim President Juan Gerardo Guaidó. Also tackled were the grounds of appeal before the Supreme Court of the United Kingdom and how the judge dealt with the Act of State doctrine pertaining to the case.

This paper introduces the concept of "borderline institution" to characterize an institution in which actors push upstream the boundary between the normal and the pathological and find downstream ways of systematically taking advantage of this push ex‐post. This happens for example when actors make decisions based on predictions; and are simultaneously allowed by vertical concentration to manage conflicts generated by the consequences of these decisions when these predictions fail. A theory of how to identify a borderline institution based on this vertical concentration uses bankruptcy proceedings at the Commercial Court of Paris as an example, relying on Karl Polanyi's concept of double movement and Margaret Archer's concept of double morphogenesis. In this court, bankers as lay judges can control both credit‐related predictions at the bank, and bankruptcy proceedings at the court. Enabling conditions for borderline institutional entrepreneurs as "vertical linchpins" in this multilevel context explain how they concentrate enough power to reach a position from which to drive such dynamics. The conclusion asks whether societies promote new borderline institutions to face contemporary and urgent existential challenges. [ABSTRACT FROM AUTHOR]

The article provides an overview of national competition law developments from April 1 to June 30, 2024, highlighting significant cases and regulatory changes across various countries. Topics discussed include penalties for bid rigging in Australia, merger approvals and fines in Austria, and the Belgian Competition Authority's (BCA) new powers under the European Union (EU) regulations, among other key updates.

The text explores a case law regarding the prohibition of online sale of medicinal products in the EU. It focuses on the classification of services provided on websites as "information society services" and analyzes the case of Doctipharma, a service connecting pharmacists and customers for the sale of non-prescription medicinal products. The court examines whether this service falls under the concept of an information society service and whether Member States can prohibit it based on national legislation. The text concludes that if the service is distinct from the sale itself, it cannot be prohibited under Directive 2001/83. [Extracted from the article]

How can one write the modern legal history of the Gulf states without projecting onto the past the contemporary hegemony of the modern nation-state? What narratives other than secularization stories might be told? And what archives are available to us to facilitate such an endeavor? This paper addresses these questions with reference to Qatar, where a powerful sharia judiciary developed under the British Protectorate maintained its autonomy until the 1990s. The publications of the Presidency of Sharia Courts (est. 1958) and the work of its long-time president, Shaykh ʿAbdallāh b. Zayd Āl Maḥmūd (1911–97), suggest that oil wealth, modern state bureaucracy, and the British legal order expanded – rather than curtailed – the scope of sharia law in Qatar in the course of the twentieth century. Sharia scholars and institutions reinforced the rule of law, contributed to minimizing the role of customary norms in society, replaced commercial courts and alternative modes of dispute resolution, and helped establish an autonomous legal sphere separate from political power. [ABSTRACT FROM AUTHOR]

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This document discusses a court case in Ukraine regarding the deadline for submitting an application for supplementary protection of rights in inventions. The court determines that the patent holder should not be deprived of the opportunity to exercise the right to supplementary protection. The court upholds the claim and orders the implementation of supplementary protection for the patent. The ruling sets a precedent for protecting individual rights and investor confidence in the legal system. [Extracted from the article]

Copyright of Majalat Monazaat Al-Aamal is the property of Majalat Monazaat Al-Aamal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The protection of workers' rights in bankruptcy proceedings is a matter of supreme importance in every country. Comparing national laws, one could conclude that the predominant solution is to grant workers the position of privileged creditors. In Serbia, workers are protected by means of two laws: the Labour Law, which is the lex generalis for this area, and the Bankruptcy Law, which has the role of lex specialis. In addition to protection during bankruptcy proceedings before commercial courts, workers can appeal to the state's national guarantee institution, namely, the Solidarity Fund. Serbia is, therefore, among the countries which employ a mixed - protectionist system. By analysing the legal solutions related to these issues, the authors want to determine the correlation between national legal solutions and those at the European Union level, and to consider the problems in bringing these claims in legal practice. They have also reviewed the current legislation in some Western Balkans countries including Croatia as a member of the EU, and Bosnia and Herzegovina, which has candidate status akin to Serbia. The authors conclude that Serbian law has a modern, hybrid approach in securing the rights of workers in bankruptcy proceedings, but that there is room for improving regulations in this area. This could be achieved by, inter alia, increasing the volume of claims guaranteed to workers, restricting the reasons for initiating bankruptcy proceedings, making preliminary payments to workers in the initial stages of the proceedings, and keeping court records on the percentage of workers' claims being realised in bankruptcy proceedings. [ABSTRACT FROM AUTHOR]

The article analyzes the problems of applying the institutions of joint and subsidiary liability within the framework of bankruptcy proceedings. The purpose of the article is to provide scientifically based proposals for coordinating the processes of meeting creditors' demands by imposing joint and subsidiary liability on persons guilty of the bankruptcy of an insolvent debtor. The author reaches the following conclusions. Satisfying the demands of individual creditors by bringing to joint and several liability the officials of the debtor's management bodies who committed violations of the requirements of Part 6 of Art. 34 of the Code of Ukraine on Bankruptcy Procedures (CUBP) regarding the need to apply for bankruptcy in a timely manner to the commercial court in the presence of a threat of insolvency of the debtor, does not violate the principle of bankruptcy immunity. The creditor's right to initiate court consideration of the issue of joint liability is mediated by the following legal facts: recognition of the creditor's monetary claims and establishment within the bankruptcy case of the fact that the debtor's management bodies violated the requirements of Part 6 of Article 34 CUBP. The exercise of this right is carried out by the creditor in accordance with the principle of the dispositive nature of economic proceedings at his own discretion and does not depend on the procedural stage of the bankruptcy procedure, the process of formation and realization of the bankruptcy estate, bringing to subsidiary liability the persons guilty of bringing the debtor to bankruptcy. Court consideration of issues related to the imposition of joint and subsidiary liability is carried out in a separate proceeding within the bankruptcy case. The current paradigm of compensation within the framework of a bankruptcy case for damages caused to an insolvent debtor must be rethought, which, in particular, requires changes to be made to the CUBP regarding the procedure for bringing guilty parties to joint and subsidiary liability. [ABSTRACT FROM AUTHOR]

Absence of a legal framework for resolving commercial disputes and distinguishing them from civil contracts, made it necessary to create solutions to find an effective mechanism. This research aims to examine the structure and importance of commercial courts by using the indicators to distinguish commercial from civil contracts. This research is a descriptive-analytical type and has tried to achieve a coherent understanding of this issue by analyzing the researches related to commercial courts and differentiating them from general-law courts. Since one of the obstacles to foreign investment in Iran is the lack of commercial courts, the role of expert judges in dealing with commercial cases in the development of trade, facilitating investment and improving the economic indicators of today's societies is undeniable. Despite the formation of specialized commercial courts in French, British and American legal system and the emphasis on its legal and economic needs, the creation of these courts is still one of the reforms and necessities of Iran's judicial system. The establishment of these courts, in addition to being specialized aspects, can help speed up, reduce costs and make more reliable the processing of commercial claims that originate from the inherent and unique features of commercial law. Therefore, all efforts should be made to determine the structure and importance of these courts and in this way help the country's business and economy.

This article analyses the position of European courts on the availability of preliminary injunctions on the basis of a patent application, reviewing several national decisions in the fingolimod litigation. The decisions handed down by the Düsseldorf Regional Court, the Tribunal Judiciaire de Paris, the Danish Maritime and Commercial Court, the District Court of The Hague and the Barcelona Commercial Court show that the courts, with limited exceptions, reject provisional legal protection on the basis of a mere patent application on the grounds of absence of legal certainty. The analysis identifies four (minimum) prerequisites that must be fulfilled for the courts to consider the possibility of issuing an injunction before a patent is granted. [ABSTRACT FROM AUTHOR]

The article discusses Indiana Supreme Court (ISC) and Indiana Court of Appeals decisions on cases concerning banking, business, and contract law between September 1, 2022 and August 31, 2023. Topics explored include the establishment of commercial courts in several counties in Indiana, the business principle of fiduciary duty acknowledged in the case Zanetis v. Bradburn, and the rules governing guaranties noted in the case Shoaff v. First Merchants Bank.

Bankruptcy was a key institution in the development of markets in Europe. However, the territoriality of jurisdictions and legal systems made international insolvencies difficult to manage. In the middle of the seventeenth century, cities such as Lyon developed networks of cooperation by granting foreign merchants equal rights to local creditors on a reciprocal basis. However, courts were reluctant to give foreign authorities control over assets and creditors on their territory. The article examines how the Lyon commercial court changed its policy towards international insolvencies during the second half of the seventeenth century. Whereas equal treatment of foreign creditors was conditioned on the recognition of an extraterritorial jurisdiction in the medieval fairs system, it now depended on the reciprocity of the legal status granted to merchants abroad. This system of cooperation between equally sovereign courts prefigured in many ways the current situation of private international law in bankruptcy matters. [ABSTRACT FROM AUTHOR]

This article considers the position as to proof of foreign law in the English courts in light of the case of FS Nile Plaza v Brownlie [2021] UKSC 45 and the 11th edition of the Commercial Court Guide. We discuss the "old notion" of proof by expert witnesses, the extent to which recent developments displace the traditional role of the expert and enhance that of the advocate, and the dicta in Brownlie concerning the presumptions of similarity and continuity and judicial notice. While welcoming the greater flexibility in the way foreign law can be put before the English court, we argue that the use of oral expert evidence and cross-examination will remain important in at least two types of case: those where the issue of foreign law is complex or novel, and those where the English court does not just need to ascertain the "correct" interpretation of foreign law, but rather predict whether a foreign court would in reality provide appropriate relief in relation to the matter before the court. [ABSTRACT FROM AUTHOR]

The wave of setting up international commercial courts has emerged internationally. Following the trend, China established the China International Commercial Court (CICC) in 2018. The CICC exercises consensual jurisdiction and non-consensual jurisdiction over international commercial disputes, and has jurisdiction to support international commercial arbitration. This article analyses the CICC's criteria for determining international commercial disputes and the specific requirements for each type of jurisdiction based on the relevant provisions and judicial practice of the CICC. In addition, this article identifies the drawbacks of the CICC's current jurisdiction system, and provides several suggestions for refinement, including the modification and clarification of the criteria for determining the internationality and commerciality of disputes, the removal of restrictions on jurisdiction agreements, the clarification of substantive standards for case transfer, and the expansion of its jurisdiction to support international commercial arbitration. [ABSTRACT FROM AUTHOR]

There is often an intersection between general confiscation and criminal confiscation, one of which is caused by disharmony in confiscation arrangements between general confiscation and criminal confiscation. This study examines the comparison of the application of general and criminal confiscation law in bankruptcy cases in Indonesia and Australia and finds out whether the method of resolving general and criminal confiscation disputes according to Australian bankruptcy law can be applied in Indonesian bankruptcy law. Applying normative legal research, this study revealed that the resolution of disputes between vesting of property in bankruptcy law and confiscation orders in the law of proceeds of crime prioritizes legal certainty. This is evidenced by the provisions of Articles 6C, 58, 58A of the Bankruptcy Act 1966, which provide a detailed explanation of when and at what times there are exceptions to the application of vesting of property to the property of bankrupt debtors. The practice of applying dispute resolution between the institution of confiscation in bankruptcy law and confiscation for proceeds of crime according to bankruptcy law in Australia has been practiced several times by the Commercial Court in Indonesia. [ABSTRACT FROM AUTHOR]

Copyright of Kırıkkale Law Journal (KLJ) is the property of Kirikkale Law Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The rise and proliferation of International Commercial Courts has become a perceptible trend across the European and Asian continents over the past two decades. One such dispute resolution hub exists within the Astana International Financial Centre, a special jurisdiction within the Republic of Kazakhstan that operates on the basis of common law principles. The Astana International Financial Centre and its Court were modelled on the international financial centres of Dubai and Qatar; however, there are substantial differences between the legal systems of the Gulf States and that of the Republic of Kazakhstan. As a result, the creation of a new court has led to considerable criticism within the local legal community, raising serious doubts as to whether the Kazakh state should be maintaining and financing a 'caviar-court' instead of using resources to reform and develop the national judicial system. Nevertheless, despite the scepticism surrounding the financial centre, there is potential for the Astana International Financial Centre and its Court to become a regional dispute resolution hub for post-Soviet countries and the Central Asian region, following the example of Singapore and Dubai. [ABSTRACT FROM AUTHOR]

New international commercial courts can be analysed by examining how their features differ from those of their domestic counterpart courts and from those of international commercial arbitration. This conceptual tool is termed delocalization. Higher and lower levels of featural differences, or delocalization, may affect a new court's reception, whether local actors can participate in the new court and the new court's relations with the domestic courts. These factors influence the extent and speed of a new court's integration into the legal landscape as an institutional transplant. A delocalization analysis can also help track the new and domestic courts' continuing influence over each other and the adoption, sharing or abandonment of features over time. [ABSTRACT FROM AUTHOR]

In the intricate field of legal studies, the analysis of court decisions is a cornerstone for the effective functioning of the judicial system. The ability to predict court outcomes helps judges during the decision-making process and equips lawyers with invaluable insights, enhancing their strategic approaches to cases. Despite its significance, the domain of Arabic court analysis remains under-explored. This paper pioneers a comprehensive predictive analysis of Arabic court decisions on a dataset of 10,813 commercial court real cases, leveraging the advanced capabilities of the current state-of-the-art large language models. Through a systematic exploration, we evaluate three prevalent foundational models (LLaMA-7b, JAIS-13b, and GPT-3.5-turbo) and three training paradigms: zero-shot, one-shot, and tailored fine-tuning. In addition, we assess the benefit of summarizing and/or translating the original Arabic input texts. This leads to a spectrum of 14 model variants, for which we offer a granular performance assessment with a series of different metrics (human assessment, GPT evaluation, ROUGE, and BLEU scores). We show that all variants of LLaMA models yield limited performance, whereas GPT-3.5-based models outperform all other models by a wide margin, surpassing the average score of the dedicated Arabic-centric JAIS model by 50%. Furthermore, we show that all scores except human evaluation are inconsistent and unreliable for assessing the performance of large language models on court decision predictions. This study paves the way for future research, bridging the gap between computational linguistics and Arabic legal analytics. [ABSTRACT FROM AUTHOR]

This study provides insight into the total duration of litigation from the perspective of litigants. It examines commercial court cases with claims between 1 million and 5 million EUR in the Netherlands. It focuses on cases in which first instance judgments are appealed. In many of these cases other related procedures ensue. Using detailed data of the case administration system of the courts in the Netherlands, cases are followed as they wind their way through the court system. The results show that court statistics do not reflect the time taken for disposition from the litigant's perspective. A substantial number of high value cases are not concluded within a reasonable time and there is a wide spread of the time taken for disposition. For prospective litigants, it is not easy to predict the duration of litigation. The ensuing uncertainty makes it harder for them to assert their rights. [ABSTRACT FROM AUTHOR]

The United States Supreme Court's unanimous decision in the 2022 case ZF Automotive US, Inc. v. Luxshare, Ltd. resolved the long-disputed circuit split regarding the application of Section 1782 of Title 28 of the U.S. Code to international arbitrations. The Court's ruling that the term "foreign or international tribunal" under Section 1782 includes only governmental or intergovernmental adjudicative bodies ended the use of Section 1782 to compel evidence located in the United States in private adjudicative bodies such as international commercial arbitrations. The Section 1782 shutdown has required arbitrators and parties to international commercial arbitrations to seek alternative legal mechanisms to compel evidence located in the United States. Shortly after the Supreme Court eliminated the use of Section 1782, the United States Court of Appeals for the Ninth Circuit opened the door to an alternative approach in its ruling in Jones Day v. Orrick, Herrington & Sutcliffe, LLP. This Note argues that the Ninth Circuit's application and broad interpretation of Section 7 of the Federal Arbitration Act provides the framework for a 1782 workaround to compel third-party evidence located in the United States in international commercial arbitrations. [ABSTRACT FROM AUTHOR]

Copyright of Principia (2790-377X) is the property of Universidad Monteavila and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The resolution of bankruptcy disputes in Indonesia presents significant challenges due to the ease with which bankruptcy can be filed against debtors, even if they are capable of continuing their business operations and repaying their debts to creditors. This issue arises from the provisions of Article 2, paragraph (1) of Law 37/2004, which stipulate only two requirements for declaring bankruptcy: the existence of a past due debt and the presence of at least two creditors. This paper aims to examine the problems associated with bankruptcy dispute resolution in Indonesia and to propose the implementation of an insolvency test mechanism as a prerequisite before a Commercial Court judge can issue a bankruptcy ruling. Additionally, the study offers a comparative analysis of the insolvency test mechanisms employed in several countries, including the Netherlands, Germany, the United States, and the United Kingdom. Utilizing a doctrinal approach, this legal research analyzes primary and secondary literature by reviewing laws and regulations pertinent to the issues at hand. The findings of this study suggest that adopting an insolvency test is a crucial policy for the bankruptcy law framework in Indonesia. The implementation of such a test could prevent the bankruptcy of debtors who are still capable of fulfilling their financial obligations. Consequently, there is a need to revise Law 37/2004 to incorporate a legal instrument for the insolvency test. [ABSTRACT FROM AUTHOR]

Copyright of Human Sciences Journal / Revue des Sciences Humaines is the property of Universite des Freres Mentouri Constantine and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Riwayat: Educational Journal of History & Humanities is the property of Riwayat: Educational Journal of History & Humanities and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Riwayat: Educational Journal of History & Humanities is the property of Riwayat: Educational Journal of History & Humanities and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)