• Anti-arbitration injunctions and the English courts: judicial interference or judicial protection?

      Seriki, Hakeem (Sweet and Maxwell, 2013)
      In the course of arbitral proceedings (whether before or during proceedings) a party may need to seek injunctive relief. The use of injunctive relief in international commercial arbitration is nothing new and must not be seen as incompatible with the underlining principles of commercial arbitration such as party autonomy, separability and kompetenz-kompetenz. Many institutional rules1 and arbitration legislation2 allow parties to apply to an appropriate court for injunctive relief. Indeed, injunctions can be very crucial to the outcome of a claim given that there are situations where the tribunal may not yet be constituted or lacks the power to grant the relief sought. For example, s.44 of the Arbitration Act 1996 (the Act) is seen as a supporting measure by which the courts can assist arbitral proceedings by granting an interim injunction so as to preserve evidence and assets in appropriate situations.3 Hence, arbitral proceedings can be secured by prompt early injunctive relief of the type that can only be granted by the courts.
    • Anti-suit injunctions and arbitration: parasitic or free standing?

      Seriki, Hakeem (Sweet and Maxwell, 2013)
      Where a party amenable to the jurisdiction of the English courts commences proceedings in a foreign jurisdiction in breach of an exclusive jurisdiction clause or an arbitration clause, the English courts have always shown their willingness to injunct such a party. While such injunctions are seen as controversial, nevertheless they have been a useful tool at the disposal of the English courts. Over the years, English courts have demonstrated their willingness to grant anti-suit injunctions under s.37 of the Senior Courts Act 1981 (SCA) 1 so as to uphold the sanctity of arbitration agreements. In February 2009, the European Court of Justice (ECJ) delivered its much-anticipated decision in Allianz SPA v West Tankers Inc (The Front Comor) 2 where it ruled that the English courts could no longer grant anti-suit injunctions in relation to arbitration in EU cases.3 In 2010, the European Parliament’s Committee on Legal Affairs prepared a report4 on the European Commission’s proposal to amend the Brussels Regulation. The Report opposes the deletion of the arbitration exclusion in art.1(2)(d) of the Brussels Regulation5 and suggests the clarification of the point that judicial proceedings ruling on the validity of arbitral competence are excluded from the scope of the Brussels Regulation.6 The Report further suggests that art.31 of the Regulation should be revised so as to provide that no judgment should be recognised in Member States if the court concerned disregarded an arbitration rule of the State in which enforcement is sought unless the judgment of that Member State would produce the same result as if the law of arbitration of the Member State in which enforcement is sought had been applied.7
    • Applying principles of biological evolution to legal development: an exploration

      Lewis, Rhidian; Mortimer, Thomas Richard; Anglia Ruskin University (Center for Promoting Ideas, 2012)
      The application of the biological principle of evolution has found a number of contemporary applications within the analysis of business activities. The application of these scientific principles is considered appropriate in a further application within the development of legal principles particularly in the context of the ongoing development of the European Union as a significant business environment. It is proposed within this paper that direct parallels may be drawn between the evolutionary principle of biological speciation and the emergence of legal principles within separate national boundaries. Contemporary principles of biological evolution are also considered in respect of the development of primary legislation which act on the development of law in a punctuated manner. These principles are examined in respect of the continued debates surrounding company law within the European Union, in particular the persistence of national legislation dealing with corporate mobility. In examining the appropriateness of applying biological evolution to the development of EU company law consideration is given to the development and functioning of the Societas Europaea (European Company) in respect of its legal environment.
    • Corporate governance in Poland

      Mortimer, Thomas Richard; Anglia Ruskin University (Virtus Interpress, 2009)
      This article considers the traditional approach to the 'state' Models of corporate governance, namely shareholder Model and stakeholder Model. It then considers the extent to which developments in a recent accession EU country, Poland, reflects either of these Models or adopts a hybrid approach. It then offers proposals for the future development of corporate governance within Poland.
    • Corporate personality: the unjust foundation of English company law

      Nyombi, Chrispas; Bakibinga, David James; University of Bedfordshire; Makerere University (Commerce Clearing House, Inc, 2014)
      The article discusses the doctrine of corporate personality and the reportedly unjust foundation of English company law as of 2014, focusing on the British House of Lords' ruling in the nineteenth century legal case Salomon v. Salomon & Co. Ltd. which deals with liquidators' rights and Great Britain's Joint Stock Companies Act. A separate legal entity doctrine is mentioned, along with British case law and various judgments by English courts. Great Britain's Parliament is also examined.
    • Countermeasures: obligations relating to human rights and humanitarian law

      Borelli, Silvia; Olleson, Simon (Oxford University Press, 2010)
    • A critique of shareholder primacy under UK takeover law and the continued imposition of the Board Neutrality Rule

      Nyombi, Chrispas; University of Essex (Emerald, 2015)
      Purpose – The purpose of this paper is to determine whether the Board Neutrality Rule and the primacy afforded to shareholders during takeovers is justified under common law and policy. Design/methodology/approach – The paper provides a detailed assessment of the role play by the board neutrality rule and whether this is supported by takeover law and Company law. A review of case law and statutes is provided. The paper is largely analytical. Findings – The paper finds little justification for the continued imposition of the Board Neutrality Rule. Originality/value – The paper adds to the growing body of research literature which has analysed the role played by the Board Neutrality Rule during takeovers.
    • A Critique of The Uganda Mental Health Treatment Act, 1964

      Nyombi, Chrispas; Kibandama, Alexander; Kaddu, Ronald; University of Essex; High Court of the Republic of Uganda (University of Memphis, 2014)
      The scarcity of research into the deplorable state of Uganda’s mental health laws is a grave lacuna that needs urgent redress. Firm in mind that academic scholarship is a collaborative enterprise with deep roots in constructive criticism, this paper aims to fill this gap. This paper provides a circumspect examination of mental health laws in Uganda. The paper reviews the Mental Health Treatment Act 1964 and highlights the main areas that need reform. It keeps the jurisprudential analysis of applicable international treaties and conventions such as the United Nations Convention on Rights of Persons with Disabilities to a minimum. This paper will inform legal, academic and healthcare circles on the current state of mental health law in Uganda.
    • Cultural heritage, cultural rights, cultural diversity: new developments in international law

      Borelli, Silvia; Lenzerini, Federico (Martinus Nijhoff, 2012-07-24)
    • The EU's new victims' rights directive: can minimum harmonization work for a concept like vulnerability?

      Lang, Richard (Nottingham Trent University, 2013)
      This is a conceptual piece. It is also, to use the latest pedagogical jargon, a reflective piece. It arose from a project which the author undertook with the National Centre for Cyberstalking Research at the University of Bedfordshire in 2012, lobbying for an explicit mention of cyberstalking in what was then the draft Victims’ Rights Directive.1
    • The European private company: an opportunity from an economic crisis?

      Lewis, Rhidian; Buzdrev, Aleksandar; Mortimer, Thomas Richard; Anglia Ruskin University; Canterbury Christchuch University (Center for Promoting Ideas, 2013-04)
      The European Commission is undertaking a legal modernisation initiative in order to facilitate small and medium-sized enterprises in unlocking their full potential as active players on the Single Market, being also the backbone of the Union’s economy. The flagship of this initiative is going to be a novel European legal form - the European Private Company (EPC) or as it is known the Societas Privata Europea (SPE). Designed as an instrument to do business in the Single Market the SPE aims to be transparent, flexible and offer a strong label everywhere. As with the Societas Europea, there are certain gaps in the SPE Statute, which prompt for the application of national laws. This could result in 27 different SPE forms in the EU, which leads to financial implications regarding the formation and day-to-day operations of the company. A detailed exploration of the corporate finance issues is followed by plausible solutions based on corporate governance theories.
    • Extraordinary rendition

      Borelli, Silvia (Edward Elgar Publishing, 2013-11)
    • Extraordinary rendition, counter-terrorism, and international law

      Borelli, Silvia; University of Bedfordshire (Edward Elgar Publishing, 2014)
      The years immediately following the terrorist attacks of 11 September 2001 saw the emergence of a novel variation in the way in which governments and state officials may infringe human rights in the name of – real or purported – security considerations, namely the extraordinary rendition programme carried out by the United States with the assistance of a number of its allies in the ‘War on Terror’. Although instances of irregular transfer, detention and interrogation of terrorist suspects are not new, extraordinary rendition, on the scale and through the modes by which it occurred after 9/11, has posed unprecedented challenges to human rights lawyers, international monitoring bodies, domestic courts and other oversight bodies in their attempts to ensure accountability. The present chapter provides an overview of the extent and the modalities of the US extraordinary rendition programme, and discusses its legal implications from the perspective of international human rights law. It then examines the numerous – and so far generally unsuccessful – attempts of victims of extraordinary rendition to obtain redress before national criminal and civil courts and the – comparatively more successful – litigation before international human rights monitoring bodies.
    • The French prohibition on veiling in public places: rights evolution or violation?

      Hill, Ryan W.; University of Essex (Oxford University Press, 2012-12-14)
      In 2011, France introduced a prohibition on wearing face-concealing garments in all public places. Particularly captured by the prohibition was the small number of Muslim women veiling in France. The French government’s rationales for the prohibition include the protection of public social order and equality. Including all public places rather than certain public institutions shifts the focus of an earlier similar prohibition. This article suggests that this shift may be symptomatic of a disturbing polemic that sees freedom understood in a narrow sense that is largely antagonistic to religion and difference. The article provides evidence and argument to support this suggestion. It proposes that any related petition brought to a human rights court must be on the lookout for this polemic which, if influencing the prohibition, would lead to the pursuit of an aim that is dubious in terms of human rights, specifically the right to freedom of religion.
    • The gradual erosion of the ultra vires doctrine in English company law

      Nyombi, Chrispas; University of Essex (Emerald, 2014-09-02)
      Purpose – The purpose of this paper is to discuss the doctrine of ultra vires and its development over time, which is claimed to be one of gradual erosion. Design/methodology/approach – This paper discusses the doctrine of ultra vires and its development overtime, which is claimed to be one of gradual erosion. Findings – It shows how the abolition of the objects clause has signalled the end of ultra vires. Today, it remains nothing more than a ghost, but one which continues to haunt management. Originality/value – It builds on existing research literature.