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One of the reasons why parties choose arbitration is its time-efficiency. This is mainly due to the fact that the arbitral award decides the dispute in a final and binding manner and is subject to no appeal. Although time-efficiency belongs to the traditional advantages of arbitration, the users of arbitration have over the last years significantly increased the pressure to control time (and cost) in arbitration.

The post Post-award remedies before the arbitral tribunal: a neglected means of streamlining arbitration appeared first on OUPblog.

In June 2015, EU Regulation 2015/848 of 20 May 2015 on insolvency proceedings entered into force. This Regulation reformed – or, to be more precise, recast – EC Regulation 1346/2000, in order to tackle in a much more modern way cross-border insolvency cases involving at least one Member State of the EU (except Denmark).

The post A new European Regulation on insolvency proceedings appeared first on OUPblog.

On 5 February 2015, the National Audit Office (NAO) published a report entitled "The UK Competition Regime". The report assesses the performance of the UK competition regulators, focussing on the Competition and Markets Authority (CMA). It concludes that the CMA has inherited certain strengths, including a positive legacy of merger and market investigation work.

The post The UK Competition Regime and the CMA appeared first on OUPblog.

If you’ve been following the Brexit debate in the media, you no doubt will have noticed how European employment laws are frequently bandied around as the sort of laws that Britain could do without, thank you very much. As welcome as a giant cheesecake at the Weight Watchers Annual Convention, the European Working Time Directive is never far away from the lips of Brexiters.

The post Brexit and employment law: a bonfire of red tape? appeared first on OUPblog.

Currently a UK-authorized bank, insurer or securities firm has the right to carry on business in another EEA state without further authorization. This passporting right allows UK firms to access European markets and over 2000 UK investment firms benefit from a passport under MiFID. UK firms will lose this right if it exits the EU without mutual recognition.

The post Brexit in the city: what would be the impact of the UK becoming a third country state? appeared first on OUPblog.

Recently, patent reforms in different parts of the world have shown an emerging trend towards the emulation of Indian patent law. Countries like China, South Africa, Botswana and Brazil are now trying to amend their domestic patent laws based on India’s model. The Philippines was among the first countries to emulate India’s patent regime.

The post Transplanting India’s patent laws appeared first on OUPblog.

Retractions in scholarly journals have reached record levels. Doctorates have been removed from politicians and others for plagiarism, there has been tasteless denigration of academic colleagues under cover of academic freedom, researchers have been jailed for fraud, and conflicts of interest involving private industry’s role at universities have generated notoriety.

The post Scholarly misconduct and the integrity crisis appeared first on OUPblog.

Although many EU IP lawyers are currently concentrating on the trade mark reforms, the Commission is quietly getting on with its study of the design protection system in Europe. The remit of the study is wide-ranging, but perhaps the most surprising issue that has arisen is whether design law in the EU should protect things that you can’t see.

The post Should design rights protect things you can’t see? appeared first on OUPblog.

International arbitration expert Loukas Mistelis talks to George Miller about current arbitration issues. Together they discuss how the international arbitration landscape has developed, how arbitration theory has attempted to catch up with practice, and ask whether the golden age of arbitration is now passed.

The post Oxford Law Vox: Loukas Mistelis on international arbitration appeared first on OUPblog.

In this episode of the Oxford Law Vox podcast, banking law expert Nikoletta Kleftouri talks to George Miller about banking law issues today. Together they discuss some of the major legal and policy issues that arose from the financial crisis in 2008, including assessing systemic risk and whether the notion of “too big to fail” is on the road to extinction.

The post Oxford Law Vox: deposit protection and bank resolution appeared first on OUPblog.

The law has long struggled to adapt to new forms of employment – who should be responsible for the protection of workers’ rights, from minimum wage and working time to discrimination law, in today’s fragmented economy? These fundamental questions are now returning to public discussion as a result of the meteoric rise of so-called "crowd-work".

The post The Uber dilemma: are “crowd-work” platforms employers? appeared first on OUPblog.

The stakes cannot be higher for the EU. Currently, the total public expenditure directed by the Member States in procuring goods, works and services accounts for over €1 trillion. Public procurement in the Member States is a highly fragmented and complex process.

The post The EU and public procurement law appeared first on OUPblog.

The Economist has recently popularised the notion that patents are bad for innovation. Is this right? In my view, this assessment results from too high an expectation of what should be achieved by patents or other intellectual property. Critics of intellectual property rights seem to think that they should be tested by whether they actually increase creativity.

The post Should intellectual property be abolished? appeared first on OUPblog.

‘Territoriality’ plays a central role under our current paradigm of jurisdictional thinking. Indeed, a State’s rights and responsibilities are largely defined by reference to territoriality. States have exclusive powers in relation to everything that occurs within their respective territories, and this right is combined with a duty to respect the exclusive powers of other States over their respective territories.

The post The concept of ‘extraterritoriality’: widely used, but misguided and useless appeared first on OUPblog.

Human rights law has had a long and tortuous history in the UK, defined by some of the most fascinating cases in legal memory. The case of John Wilkes was a milestone in establishing the right of free speech. In 1763, Wilkes wrote a scathing attack on a speech delivered by King George III when he opened Parliament.

The post The right to a fair trial: part two appeared first on OUPblog.

Our legal history stretches back well over eight centuries. But however long this history may be, it is not one of which we can be universally proud, and the freedoms which we enjoy today have had to be hard won over the centuries.

The post The right to a fair trial: part one appeared first on OUPblog.

Following a preliminary reference made in the context of Seattle Genetics Inc. v Österreichisches Patentamt, the Court of Justice of the European Union has put an end to the uncertainty faced by both the innovative and the generic pharmaceutical industries regarding the duration of the effective patent protection afforded to medicinal products.

The post A European victory for the pharmaceutical industry appeared first on OUPblog.

The growth of United States' shale oil and gas production over the last decade has been nothing short of phenomenal. Already the premier natural gas producer, Already the premier natural gas producer, the United States is poised to surpass Saudi Arabia and Russia as the largest oil producer and will likely become a net exporter of both oil and gas within a decade or more.

The post Shale oil and gas in the United States [infographic] appeared first on OUPblog.

Defining “privacy” has proven akin to a search for the philosopher’s stone. None of the numerous theories proposed over the years seems to encompass all the varied facets of the concept. In considering the meaning of privacy, it can be fruitful to examine how a great artist of the past has dealt with aspects of private life that retain their relevance in the Internet age.

The post A Chekhovian view of privacy for the internet age appeared first on OUPblog.

In 2008 Iceland experienced one of the worst financial crises in history, which involved the collapse of all three of its major commercial banks. The causes of this collapse were numerous and complex, and included the banks’ difficulty in refinancing their short-term debt and a run on their deposits.

The post The Icelanders, the Cypriots, and the Greeks: is history repeating itself? appeared first on OUPblog.

After venturing to the far East of Japan last year, 2015 sees the return of the International Bar Association’s annual meeting to Europe. Vienna will host the conference this year, a city which holds an interesting pedigree as a legal centre. The Annual Meeting itself promises to be a must-attend event for all international lawyers, with sessions ranging from climate change justice to human trafficking.

The post Hallo Wien! International Bar Association annual meeting 2015 appeared first on OUPblog.

As part of the launch of the sixth edition of 'Redfern and Hunter on International Arbitration', one half of the book’s authorial team Nigel Blackaby and Constantine Partasides QC met up with Law Vox podcast host George Miller. Together they discussed the evolution of international arbitration and the influential role Redfern and Hunter have played in the field.

The post Oxford Law Vox: The evolution of international arbitration appeared first on OUPblog.

One of the principal dangers of admitting hearsay evidence in court is that a witness’s veracity cannot be tested by cross-examination. Notwithstanding that, where a witness is dead, or it is impractical for the witness to attend because she is out of the country, we may recognise the case for admitting hearsay under the Criminal Justice Act 2003.

The post Res gestae: The prosecutor’s backdoor appeared first on OUPblog.

As a young ICSID neophyte, I once asked Aron Broches, the World Bank’s General Counsel from 1959 to 1979, how he had come up with the idea for the Centre. “It was in the air,” he explained. In the late 1950s and early 1960s, there were indeed a number of proposals circulating for the creation of an international arbitral mechanism for the settlement of investment disputes.

The post Establishing ICSID: an idea that was “in the air” appeared first on OUPblog.

Fire and collapse in Bangladeshi factories are no longer unexpected news, and sweatshop scandals are too familiar. Conflicting moral, legal, and political claims abound. But there have been positives, and promises of more. The best hope for progress may be in the power of individual contracts.

The post The new social contracts appeared first on OUPblog.