Podcast
Questions and Answers
What is the primary concern of courts and arbitral tribunals?
What is the primary concern of courts and arbitral tribunals?
- Jurisdiction (correct)
- Choice of Laws
- Conflict of Laws
- Enforcing foreign arbitral awards
Why is arbitration favored for international transactions?
Why is arbitration favored for international transactions?
- No enforceability under the NY Convention
- Potential for quicker decisions (correct)
- Complex enforcement procedures
- Limited confidentiality
What aspect varies in determining jurisdiction across national laws?
What aspect varies in determining jurisdiction across national laws?
- Territorial presence only
- Personal jurisdiction only
- Both personal jurisdiction and subject matter jurisdiction (correct)
- Subject matter jurisdiction only
Which legal system emphasizes technical jurisdictional aspects?
Which legal system emphasizes technical jurisdictional aspects?
What simplifies jurisdictional issues within the European Union?
What simplifies jurisdictional issues within the European Union?
Which institutions exist globally for arbitration?
Which institutions exist globally for arbitration?
What type of legal philosophy shift did the US experience post-WW2?
What type of legal philosophy shift did the US experience post-WW2?
Which legal tradition was influenced by Confucianism in terms of China's legal system?
Which legal tradition was influenced by Confucianism in terms of China's legal system?
What impact does Islamic law have on business practices in Saudi Arabia and Iran?
What impact does Islamic law have on business practices in Saudi Arabia and Iran?
Which countries were significantly influenced by Western legal systems after periods of isolation and colonial rule?
Which countries were significantly influenced by Western legal systems after periods of isolation and colonial rule?
What is the main reason behind the development of alternative financing methods under Islamic law?
What is the main reason behind the development of alternative financing methods under Islamic law?
What is a key characteristic of the UK legal profession?
What is a key characteristic of the UK legal profession?
In which country do legal professionals like notaires and huissiers perform specialized tasks that are lacking in the US?
In which country do legal professionals like notaires and huissiers perform specialized tasks that are lacking in the US?
What role do US judges typically fulfill compared to UK judges?
What role do US judges typically fulfill compared to UK judges?
In which areas of law is Islamic law most prominent in Muslim-majority countries outside Saudi Arabia and Iran?
In which areas of law is Islamic law most prominent in Muslim-majority countries outside Saudi Arabia and Iran?
What type of financial instrument, emphasizing risk-sharing, has gained attention in Islamic financing?
What type of financial instrument, emphasizing risk-sharing, has gained attention in Islamic financing?
What is a key difference between common law and civil law contract principles regarding 'fault'?
What is a key difference between common law and civil law contract principles regarding 'fault'?
Which legal system requires consideration, or a bargained-for exchange, in a contract?
Which legal system requires consideration, or a bargained-for exchange, in a contract?
What concept excuses performance in French law due to events beyond the control of the parties?
What concept excuses performance in French law due to events beyond the control of the parties?
What doctrine deals with conflicts of jurisdiction and allows a court to dismiss a case if another court is more appropriate?
What doctrine deals with conflicts of jurisdiction and allows a court to dismiss a case if another court is more appropriate?
Which EU objective focuses on removing trade barriers like tariffs and customs duties?
Which EU objective focuses on removing trade barriers like tariffs and customs duties?
What is crucial for allocating risk in international trade according to the text?
What is crucial for allocating risk in international trade according to the text?
Which legal tradition has its roots in Roman law, canon law, and codification processes?
Which legal tradition has its roots in Roman law, canon law, and codification processes?
What dictates that documents like bills of lading are equivalent to the goods themselves in a letter of credit?
What dictates that documents like bills of lading are equivalent to the goods themselves in a letter of credit?
What is the predominant source of law in the common law tradition?
What is the predominant source of law in the common law tradition?
What allows member states some flexibility in implementing EU goals through harmonization?
What allows member states some flexibility in implementing EU goals through harmonization?
In international business operations, what becomes crucial after dispute resolution?
In international business operations, what becomes crucial after dispute resolution?
What is a core aspect of German contract law that differs from French contract law?
What is a core aspect of German contract law that differs from French contract law?
Which legal system is characterized by judge-made laws and the principle of stare decisis?
Which legal system is characterized by judge-made laws and the principle of stare decisis?
Which entity must interpret their own laws within the context of EU law?
Which entity must interpret their own laws within the context of EU law?
What historical event led to the establishment of a unified legal system for England and Wales under Henry II?
What historical event led to the establishment of a unified legal system for England and Wales under Henry II?
What is the primary focus of the text?
What is the primary focus of the text?
Which legal concept extends the reach of common law through trust arrangements in the British Empire?
Which legal concept extends the reach of common law through trust arrangements in the British Empire?
What is a significant factor affecting everything from contract governance to dispute resolution?
What is a significant factor affecting everything from contract governance to dispute resolution?
In which country did the 'Greylord' prosecution take place, highlighting examples of legal corruption?
In which country did the 'Greylord' prosecution take place, highlighting examples of legal corruption?
What is the significance of the attorney-client privilege mentioned in the text?
What is the significance of the attorney-client privilege mentioned in the text?
'Enforcement prospects' are emphasized in the context of which country's successful arbitral award enforcement?
'Enforcement prospects' are emphasized in the context of which country's successful arbitral award enforcement?
'Comparative Law in International Business' stresses the importance of understanding which two kinds of legal traditions?
'Comparative Law in International Business' stresses the importance of understanding which two kinds of legal traditions?
How do civil law torts differ from common law torts in terms of strict liability?
How do civil law torts differ from common law torts in terms of strict liability?
What key aspect does negligence focus on in common law tort theories?
What key aspect does negligence focus on in common law tort theories?
Which country's legal system emphasizes oral testimony and cross-examination for evidence gathering?
Which country's legal system emphasizes oral testimony and cross-examination for evidence gathering?
In what case did the conflict between different models of legal professionals arise, as discussed in the text?
In what case did the conflict between different models of legal professionals arise, as discussed in the text?
'Keeper of the thing' concept is associated with which legal system's approach to strict liability?
'Keeper of the thing' concept is associated with which legal system's approach to strict liability?
What is a significant difference between civil law and common law regarding duties to assist others in danger?
What is a significant difference between civil law and common law regarding duties to assist others in danger?
Which legal professionals play different roles in evidence gathering between France and the US, as highlighted in the text?
Which legal professionals play different roles in evidence gathering between France and the US, as highlighted in the text?
What is one of the grounds for extraterritorial jurisdiction mentioned in the text?
What is one of the grounds for extraterritorial jurisdiction mentioned in the text?
Which high-profile cases are mentioned to illustrate the broad reach of U.S. extraterritorial jurisdiction?
Which high-profile cases are mentioned to illustrate the broad reach of U.S. extraterritorial jurisdiction?
What did the U.S. Supreme Court emphasize in the Morrison v. Australian National Bank case regarding extraterritorial application of laws?
What did the U.S. Supreme Court emphasize in the Morrison v. Australian National Bank case regarding extraterritorial application of laws?
What trend has been observed post-Enron regarding the integration of ethics into business law?
What trend has been observed post-Enron regarding the integration of ethics into business law?
Which instrument demonstrates the evolution from non-binding recommendations to enforceable law in influencing corporate behavior?
Which instrument demonstrates the evolution from non-binding recommendations to enforceable law in influencing corporate behavior?
What significant role has the OECD played in combatting bribery according to the text?
What significant role has the OECD played in combatting bribery according to the text?
What is the purpose of the UN Convention on the International Sale of Goods (CISG)?
What is the purpose of the UN Convention on the International Sale of Goods (CISG)?
Why is jurisdiction considered foundational in legal matters?
Why is jurisdiction considered foundational in legal matters?
Which legal document simplifies jurisdictional issues within the European Union?
Which legal document simplifies jurisdictional issues within the European Union?
What is the advantage of arbitration as a method of dispute resolution?
What is the advantage of arbitration as a method of dispute resolution?
In what situation might courts need to apply a law that is not their own?
In what situation might courts need to apply a law that is not their own?
What is the main role of mediation in dispute resolution?
What is the main role of mediation in dispute resolution?
'Forum Non Conviens' allows courts to dismiss a case if:
'Forum Non Conviens' allows courts to dismiss a case if:
'New York Convention' primarily relates to:
'New York Convention' primarily relates to:
'Lex mercatoria' was a key issue in which notable case?
'Lex mercatoria' was a key issue in which notable case?
Why do multinational enterprises (MNEs) often face challenges navigating legal obligations?
Why do multinational enterprises (MNEs) often face challenges navigating legal obligations?
What is a key reason for favoring arbitration for international transactions?
What is a key reason for favoring arbitration for international transactions?
Which legal concept simplifies jurisdictional issues within the European Union?
Which legal concept simplifies jurisdictional issues within the European Union?
What do civil law countries emphasize in terms of jurisdictional aspects?
What do civil law countries emphasize in terms of jurisdictional aspects?
Which legal document is generally easier to enforce across borders compared to court judgments?
Which legal document is generally easier to enforce across borders compared to court judgments?
In international business transactions, which criterion varies in determining jurisdiction across national laws?
In international business transactions, which criterion varies in determining jurisdiction across national laws?
Which institution plays a role in simplifying jurisdictional issues within the European Union by favoring the defendant's 'home'?
Which institution plays a role in simplifying jurisdictional issues within the European Union by favoring the defendant's 'home'?
What is the doctrine that justifies jurisdiction based on the impact of actions on the country asserting jurisdiction?
What is the doctrine that justifies jurisdiction based on the impact of actions on the country asserting jurisdiction?
Which case marked a significant limitation on the previous expansion of U.S. extraterritorial jurisdiction?
Which case marked a significant limitation on the previous expansion of U.S. extraterritorial jurisdiction?
What legal concept excuses performance in French law due to events beyond the control of the parties?
What legal concept excuses performance in French law due to events beyond the control of the parties?
Which instrument demonstrates the evolution from non-binding recommendations to enforceable law, influencing corporate behavior?
Which instrument demonstrates the evolution from non-binding recommendations to enforceable law, influencing corporate behavior?
What does the U.S. FCPA primarily address in terms of legal matters?
What does the U.S. FCPA primarily address in terms of legal matters?
How do Kiobel and Daimler cases contribute to the discussion of extraterritorial application of laws?
How do Kiobel and Daimler cases contribute to the discussion of extraterritorial application of laws?
What legal philosophy shift did the US experience post-WW2?
What legal philosophy shift did the US experience post-WW2?
Which legal tradition was influenced by Confucianism in terms of China's legal system?
Which legal tradition was influenced by Confucianism in terms of China's legal system?
What distinguishes the role of judges in China from those in the Western legal systems?
What distinguishes the role of judges in China from those in the Western legal systems?
In which countries were Japan, Taiwan, and South Korea significantly influenced by Western legal systems?
In which countries were Japan, Taiwan, and South Korea significantly influenced by Western legal systems?
What is a significant impact of Islamic law on business practices in some countries?
What is a significant impact of Islamic law on business practices in some countries?
Which concept is central to Islamic finance due to the prohibition of interest?
Which concept is central to Islamic finance due to the prohibition of interest?
Which country's legal profession is described as more traditional and sophisticated, with barristers playing a major role?
Which country's legal profession is described as more traditional and sophisticated, with barristers playing a major role?
What is a crucial difference between US judges and French judges?
What is a crucial difference between US judges and French judges?
In which region do legal professionals influence real-life situations, relationships, and dispute resolution according to the text?
In which region do legal professionals influence real-life situations, relationships, and dispute resolution according to the text?
What is a key characteristic of the UK legal profession described in the text?
What is a key characteristic of the UK legal profession described in the text?
What does the doctrine of Forum Non Conveniens allow a court to do?
What does the doctrine of Forum Non Conveniens allow a court to do?
What is a key consideration highlighted in the text regarding enforcement after dispute resolution?
What is a key consideration highlighted in the text regarding enforcement after dispute resolution?
What is the fundamental difference between civil law and common law traditions according to the text?
What is the fundamental difference between civil law and common law traditions according to the text?
Which historical period saw the emergence of Parliament as a sovereign power in England?
Which historical period saw the emergence of Parliament as a sovereign power in England?
What was a notable legal innovation that extended the global reach of common law from the 18th century onwards?
What was a notable legal innovation that extended the global reach of common law from the 18th century onwards?
In which geographical regions is civil law primarily found?
In which geographical regions is civil law primarily found?
What is a key aspect emphasized in the text regarding international business operations and legal obligations?
What is a key aspect emphasized in the text regarding international business operations and legal obligations?
'Stare decisis' refers to a fundamental principle in which legal tradition?
'Stare decisis' refers to a fundamental principle in which legal tradition?
'Ignorance of local legal contexts can lead to serious issues,' especially illustrated by which type of international incidents?
'Ignorance of local legal contexts can lead to serious issues,' especially illustrated by which type of international incidents?
What is a key difference between common law and civil law contract principles regarding the concept of 'fault'?
What is a key difference between common law and civil law contract principles regarding the concept of 'fault'?
Which legal system requires a mutual intention to create legal obligations, manifested through offer and acceptance for a contract to be valid?
Which legal system requires a mutual intention to create legal obligations, manifested through offer and acceptance for a contract to be valid?
What is the main purpose of the EU's core objective regarding the free movement of goods and services?
What is the main purpose of the EU's core objective regarding the free movement of goods and services?
In German law, what concept is introduced for pre-contractual liability that is not present in French law?
In German law, what concept is introduced for pre-contractual liability that is not present in French law?
What is an essential aspect of the documentary credit system used in international trade financing?
What is an essential aspect of the documentary credit system used in international trade financing?
Which option correctly describes a key difference between French and German contract law regarding excuses for non-performance?
Which option correctly describes a key difference between French and German contract law regarding excuses for non-performance?
What has been the historical role of Incoterms in international trade?
What has been the historical role of Incoterms in international trade?
What concept is emphasized in US law but not commonly recognized in European contract laws?
What concept is emphasized in US law but not commonly recognized in European contract laws?
What is a significant distinction between common law and civil law concerning consideration in contract formation?
What is a significant distinction between common law and civil law concerning consideration in contract formation?
What key aspect differentiates German and French contract laws regarding commercial impracticability?
What key aspect differentiates German and French contract laws regarding commercial impracticability?
What is a key reason why attorney-client privilege is emphasized in the American legal system?
What is a key reason why attorney-client privilege is emphasized in the American legal system?
In which country is in-house counsel not considered part of the bar, impacting their coverage by attorney-client privilege?
In which country is in-house counsel not considered part of the bar, impacting their coverage by attorney-client privilege?
What concept in French law differs from common law regarding strict liability, specifically emphasizing the 'keeper of the thing' idea?
What concept in French law differs from common law regarding strict liability, specifically emphasizing the 'keeper of the thing' idea?
What kind of evidence gathering method does France employ compared to the US?
What kind of evidence gathering method does France employ compared to the US?
Why did American judges apply a 'functional equivalent' analysis when reconciling differences between French and American legal professionals?
Why did American judges apply a 'functional equivalent' analysis when reconciling differences between French and American legal professionals?
What is a significant difference between common law and civil law regarding tort law's general duty?
What is a significant difference between common law and civil law regarding tort law's general duty?
What concept is essential for protecting companies and individuals during the discovery process before a trial?
What concept is essential for protecting companies and individuals during the discovery process before a trial?
What significant challenge does the text acknowledge within the legal profession and judicial system regarding corruption?
What significant challenge does the text acknowledge within the legal profession and judicial system regarding corruption?
How do differences in evidence gathering between common and civil law systems typically manifest?
How do differences in evidence gathering between common and civil law systems typically manifest?
What does the 'keeper of the thing' concept in French law pertain to?
What does the 'keeper of the thing' concept in French law pertain to?
Why is jurisdiction crucial in legal matters?
Why is jurisdiction crucial in legal matters?
What does the Brussels Convention focus on in relation to jurisdiction?
What does the Brussels Convention focus on in relation to jurisdiction?
What is a key advantage of arbitration mentioned in the text?
What is a key advantage of arbitration mentioned in the text?
What does mediation involve in dispute resolution?
What does mediation involve in dispute resolution?
When might courts need to apply a foreign law according to the text?
When might courts need to apply a foreign law according to the text?
What is the purpose of the doctrine of forum non conveniens?
What is the purpose of the doctrine of forum non conveniens?
Why is speed considered an advantage of arbitration?
Why is speed considered an advantage of arbitration?
What does 'New York Convention' contribute to arbitration?
What does 'New York Convention' contribute to arbitration?
'Enforcement' in legal matters focuses primarily on:
'Enforcement' in legal matters focuses primarily on:
'Lex mercatoria' was a key issue in which famous case discussed in the text?
'Lex mercatoria' was a key issue in which famous case discussed in the text?