Law

Under colonialism, Africans did not learn to appreciate themselves or their art form. All of these debasing factors need to be dealt with while elevating traditional music and dance to their proper place.(Green, 2010:218)Terry Brathwaite (t7122@aol.com) is a practising Creative Clinical Supervisor and Integrated Dance Movement Psychotherapist who works in the British National Health Service (NHS) with physically/emotionally-challenged children (from the age of two), and adults who self-harm and/or are coping with long term mental-ill health (eg. Autism, Learning Difficulties, Depression, Aspergers and Down's Syndrome, Dyspraxia and Parkinson's Disease). Since migrating from the Caribbean in 1991, he has pioneered the use of eclectic dance/movements within the cross-cultural psychotherapeutic relationship, to facilitate health and healing in the United Kingdom, and more recently in Kazakhstan, as an International Consultant to the British Council. He is third generation Laban...

The law of the arbitration agreement governs the formation, validity, interpretation and enforcement of the arbitration agreement itself.  That law can vary between jurisdictions.  There may even be dramatic differences between common law jurisdictions such as England, Australia and India and civil law jurisdictions such as Germany, France and China.

In choosing to submit contractual disputes to arbitration rather than litigation, for it to be decided by courts, the main consideration in the minds of the parties to almost any agreement is the finality of arbitration awards where traditionally it has offered the chance to resolve disputed issues with much less expense and faster than normal courts with the advantage of the award being voluntarily ‘binding and final’, in most cases. Is it a case or is this the case?

Bank of America CEO Ken Lewis has testified that former Treasury Secretary Hank Paulson and current Fed Chairman Ben Bernanke essentially forced him to acquire Merrill Lynch despite evidence of its growing losses. Even though this was certainly done with "America's best interests" in mind, it's still a bit troubling. It's especially troubling because in 2009, 6months after the acquisition, John Thain,  Merill's CEO at the time of the crisis and the take-over was forced out for hiding Merrill's true losses from Bof A and its own shareholders.

This presentation reviews the current knowledge on the various tradeoffs regarding public policies towards systemic financial and corporate sector restructuring. It discusses empirical findings that consistency in the framework adopted for bank and corporate restructuring is the key factor for success, although often missing.
This consistency may cover many dimensions but entails, among others, ensuring that there are sufficient resources for loss-absorption and that the financial sector firms will face an appropriate framework of sticks and carrots for restructuring.
To assure the sustainability of restructuring, deeper structural reforms will be necessary, which often will require that political economy factors are considered up-front.
The use of rules has three dimensions:
1- rule -formation,
2- rule-application (or rule-following); and
3- rule-enforcement.

Regulations can have a detrimental effect on market efficiency and innovation. It consumes resources and management attention. Whilst regulation is necessary for a functioning market for financial services and products, over regulation can undermine Australia’s competitiveness internationally. Regulation itself has the potential to distort incentives and create systemic risks. NO MORE BAILOUTS Above all, the most affirming stance this new law makes is that “too-big-to-fail” financial institutions will not be bailed-out by taxpayer dollars this next time around. In and of itself this one caveat alone smacks of prudence on the part of our governing officials. After all it’s no secret that the bailouts created one the worst economic hazards for the helpless American taxpayer compared to any other financial reform to date; in no way was a financial dilemma rectified. Therefore, protecting taxpayer money became the principal priority of the new U.S. reform.

An arbitration agreement can be governed by a law that is different to the governing law of the main contract, and that parties can choose that law in advance. The law of the arbitration agreement governs the formation, validity, interpretation and enforcement of the arbitration agreement itself. That law can vary between jurisdictions. There may even be dramatic differences between common law jurisdictions such as England, Australia and India and civil law jurisdictions such as Germany, France and China.

In choosing to submit contractual disputes to arbitration rather than litigation decided by courts, the main consideration in the minds of the parties to almost any agreement is the finality of arbitration awards where traditionally it has offered the chance to resolve disputed issues with much less expense and faster than normal courts with the advantage of the award being voluntarily ‘binding and final’, in most cases.

Introduction The Arab Republic of Egypt (Egypt) lies in the northeastern part of Africa. Whilst most of the country lies in Africa, the eastern most part, the Sinai Peninsula, is considered part of Asia and is the only land bridge between the two continents. Egypt is divided into two unequal parts by the Nile River, and its terrain is mostly desert except for the Valley and Delta of the Nile, the most extensive oasis on earth and one of the main centers of habitation in Egypt. Whilst Cairo is the largest city and the capital of Egypt, Alexandria remains the principal port of Egypt on the Mediterranean and the second biggest city. With an area of more than one million square kilometers (1001450 sq km), Egypt prides itself in having extensive borders: to the west is Libya, to the south is Sudan, to the northeast are Israel and the Gaza strip, to the north is Mediterranean Sea, and to the east is the Red Sea. Egypt is the sixteenth most populous country in the world with a population o...

Resolving disputes resulting from high speed and fast-moving financial transactions has become an essential requirement for the stability of global financial markets as proven by previous crises. In the 2007 crisis, millions of investors ended with worthless investment agreements. The public did not believe they could pursue claims in state courts and had no faith in the operating regulatory systems. Delays in the enforcement of compensatory awards drained the concept of justice of its meaning. Bankers were bailed out instead of being made to pay for acts of recklessness, information asymmetry and mis-selling. The result was panic and a run on investment banks and the financial crisis ensued. The question is whether an arbitration process that guarantees immediate payment of arbitral awards can accelerate recovery from a crisis and alleviate the burden on state bailouts using taxpayers’ money? Empirical research show that enforceable and swift dispute resolution for financial disput...

Regulating the Development and Use of Financial Technology in the Non-Banking Financial Activities (the "FinTech Law" or the "Law") was issued. The Law came into effect the next day as of 9 February 2022. The FinTech Law aims at paving the way for the expansion of the use of technology in the non-banking financial sector, and it comes in line with the Egyptian Government's financial inclusion strategy.

In international Arbitration Agreements, “Separability” is widely recognised doctrine and core principle within international arbitration practices. In essence, the principle that an arbitration or jurisdiction agreement which forms part of a larger agreement is not itself invalidated merely by reason of the invalidity of the larger agreement.
Yet, this is not an absolute rule as the Newcastle Express Court of Appeal decided that for the doctrine of Separability to apply, the parties must objectively be bound by the intention to have a legally binding the arbitration clause.
The fact that the parties’ agreement to the Arbitration Clause was conditional or "subject to" a binding clause, left the parties without a binding arbitral clause.

In international Arbitration Agreements, “Separability” is widely recognised doctrine and core principle within international arbitration practices. In essence, the principle that an arbitration or jurisdiction agreement which forms part of a larger agreement is not itself invalidated merely by reason of the invalidity of the larger agreement. Yet, this is not an absolute rule as the Newcastle Express Court of Appeal decided that for the doctrine of Separability to apply, the parties must objectively be bound by the intention to have a legally binding the arbitration clause. The fact that the parties’ agreement to the Arbitration Clause was conditional or "subject to" a binding clause, left the parties without a binding arbitral clause.