Author: Dr Damien J. Cremean
Pub Date: 2011
Publisher: Lexis Nexis M’sia
ISBN13: 978-967-4000-370
Binding: Hardcover

Price: RM300.00

Since it’s first publication in 1980, this book has been the locus classicus and leading authority on administrative law in Malaysia and Singapore. Quoted and referred to by the courts, leading practitioners and other publications, this fourth edition would be a welcome update to the 3rd edition of 1997. Since then, there has been numerous legislative developments, significant rulings by the court in both countries, proliferation of the administrative process and growing public interest in area of law.
This edition reflects this growing importance of administrative functioning, decision-making and makes a comparative study with other commonwealth countries such as India, Australia, Canada and New Zealand.

Adopting a similiar approach to the late MP Jain’s prose, Dr Damien Cremean has sifted through a wealth of legislation and key cases in both Malaysia and Singapore. He explained the norms and principles of administrative law of its philosophical and historical aspects; and has provided a comparative study with other jurisdictions like the US, UK and several commonwealth countries. Jurisdiction are compared and contrasted in depth with reference to the latest legislation with clear explanation, analysis, discussions and commentaries. Updates to the latest 2010 and 2011 of Malaysia, Singapore and international jurisdiction of legislation and cases are provided.

This book offers the reader a wider prespective and opportunity to comprehend this rapidly growing area of law and the realisation as to how this area of the law permeates into the ordinary citizen’s life and how the reader is affected by government decision-making on areas such as labour law, trade and commerce, taxation, environmental laws, etc.

Author: Rodrigo Olivares-Caminal
Pub Date: Apr 2011
Publisher: Oxford
ISBN13: 9780199579693
Binding: Hardcover

Price: GBP 155.00

• The only work to consider bank, corporate and sovereign restructuring in one volume
• Considers the position under English and New York law with reference to EU regulation, the UNCITRAL model law and other jurisdictions where relevant to illustrate points discussed
• Provides a toolkit of practical options to consider for advisers of both creditor and debtor
• Extremely topical work as it discusses the effects of the credit crisis and resulting regulation
• Experienced author team draw on their experience of cases to provide real insight into law and practice in this area

Debt Restructuring provides a legal analysis of international corporate, banking and sovereign debt restructuring from both the creditors’ and debtors’ perspective. It provides a practical guide for creditors holding distressed debt, debtor options in a distressed scenario and the necessary steps for the parties to achieve their goals.

Written by an expert author team of leading practitioners and academics, the legal analysis is supported by case studies and draft clauses. This topical work is divided into three parts: corporate debt restructuring; bank resolution; and sovereign debt restructuring.

Aimed at lawyers working in international finance, banking, insolvency or financial services regulation, as well as regulatory agencies, central banks, banking supervisors, accountants and investment banks, Debt Restructuring can be used as a tool for international practitioners policy makers and academics to understand the current trends in debt restructuring in order to provide a solution to their clients.

Readership: The primary market is law firms with an insolvency, international finance, banking, restructuring or financial services regulation practice; regulatory agencies such as the FSA and SEC; central banks and banking supervisors; global accountancy firms; investment banks; insolvency NGOs; development banks; and law and business schools worldwide.

Author: Laurence Boulle
Pub Date: May 2011
Publisher: Lexis Nexis Aust.

ISBN13: 9780409325775
Binding: Paperback

Price: A$ 115.00

Laurence Boulle brings to the book 20 years experience in mediation and alternative dispute resolution. This book has been written for teachers and students of mediation, for those who practice in the field, and for judges, lawyers and other law offi cials who are involved in considering the many legal facets of mediation practice.

The three parts of the book deal with: the historical foundations and the theories and values that underlie the modern application of mediation; the process of mediation and the roles of those involved in the process; the modern practice of mediation in Australia and internationally, and the laws that regulate aspects of the process. Attention is given to the important issues of quality, standards and accountability in mediation and to the empirical knowledge of its operation and effectiveness.

Price: A$ 275.00

Now in its 26th year of publication, the fifth edition of Advocacy in Practice is an authoritative and reliable guide for professionals to the art of advocacy. This highly esteemed work has once again been written by the authoritative and well-respected author James L Glissan, QC, and provides useful and practical checklists for examination, cross and address. It also details when and what objections may be taken, and constructive hints and techniques for dealing with difficult witnesses, opponents and judges.

Restored to this edition are the classic cross-examinations from great advocates of the past, as well as a new chapter on general techniques of advocacy, which enlarge the scope of the work beyond the practising lawyer to encompass all areas of practical advocacy.

Author: Colin Lockhart
Pub Date: Aug 2011
Publisher: Lexis Nexis Aust.
ISBN13: 9780409326574
Binding: Paperback

Price: A$ 199.00

A high percentage of commercial disputes include claims based on the prohibition of misleading or deceptive conduct. It is a versatile legal claim and, as a result, there is a large body of case law dealing with the prohibition’s operation in a wide range of apparently disparate factual and legal settings. Practitioners need a detailed and specific knowledge of this provision.

This book focuses exclusively on examining the scope of the prohibition, the consequences of its breach, the applicability of defences and the availability of remedies. This singular focus allows for a detailed commentary on the legislation and lucid explanations of the enormous volume of case law.

The 3rd edition addresses the changes wrought by the Competition and Consumer Act 2010 (Cth), including the introduction of the Australian Consumer Law. It contains extensive citation of the ACL provisions alongside their counterparts in the TPA, the ASIC Act and the state FTAs. Commentary is provided on recent case law, such as appellate court decisions regarding the amenability of the Crown, the information providers’ immunity, non-disclosure, passing on information of others, causation, the nature and quantification of loss or damage and limitation periods. Virtually every paragraph of the text has been revised to take account of these developments.

No other text provides an in depth treatment of the law concerning claims based on s 18 of the Australian Consumer Law and its equivalents. This book is indispensible for the commercial and corporate practitioner and allows the student to delve deeper into this area.

Author: J W Carter
Pub Date: May 2011
Publisher: Lexis Nexis Aust.
ISBN13: 9780409328141
Binding: Hardcover

Price: A$ 275.00

J W Carter’s Breach of Contract established itself as the leading text on the subject in the Commonwealth, being regularly cited by the courts, including the High Court of Australia. Its central thesis was approved by the High Court in Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd [2007] HCA 61. 2011 sees the publication of a new and expanded work, under the title Carter’s Breach of Contract. The work is comprehensive in relation to both English and Australian law.

Moreover, by drawing on decisions in the United States, Singapore and New Zealand, the American Law Institute’s Restatement of Contract, 2d as well as the Uniform Commercial Code (US) and the United Nations Convention on Contracts for the International Sale of Goods, the work has a unique comparative dimension.

Features and Benefits

· An essential feature of the book is the statement of the law of breach of contract in a series of articles, which codify the law in brief statements of principle
· These articles are helpfully also reproduced in the Appendix
· Extensive bibliography
· Detailed index up to 50 pages

Author: Stavros L Brekoulakis
Pub Date: Dec 2010
Publisher: Oxford
ISBN13: 9780199572083
Binding: Hardback
Price: GBP 125.00

• Offers in-depth analysis of the legal issues associated with third parties in international commercial arbitration.
• Compares the laws, rules, and jurisprudence of all major arbitration jurisdictions and institutions.
• Offers comprehensive coverage of existing materials and case law
• Adopts a problem-solving approach, offering clear guidance to practicing lawyers and arbitrators as to the types of legal basis they may rely upon to introduce claims by or against third parties in arbitration proceedings.

The role of the third party has fast become a pervasive problem in the field of international arbitration, as parties not bound by an arbitration agreement are seen to be excluded from the process, even if they clearly maintain a legal or financial interest in a dispute between other persons who are bound by an arbitration clause. Third Parties in International Commercial Arbitration considers the role of third parties in arbitration agreements and proceedings and in arbitral awards and covers significant theoretical and practical questions. These questions include: which is the proper party in arbitration; whether a tribunal can assume jurisdiction over claims by or against a party that is not designated in the arbitration clause (third-party claims); whether a party can rely on the findings of a previous arbitral award in subsequent proceedings against a third party; and whether a third party to an arbitral award can rely on its findings in proceedings against a party to the award.
Adopting a comparative, international approach, third-party claims are discussed in relation to many areas such as assignment and other forms of transfer; agency (actual and apparent) and representation; third-party beneficiary; incorporation by reference; corporations and partnerships; in guarantees and other security agreements; construction contracts and string contracts; arbitral estoppel; group of companies and alter ego; implied consent and consent by conduct; name-borrowing; third parties claiming through or under an arbitration clause or several compatible arbitration clauses.
The book also discusses issues about arbitral effect (res judicata and issue estoppel) and third parties.
In Third Parties in International Commercial Arbitration Brekoulakis consolidates the discussion on issues where reasonable agreement among scholars and tribunals exists, but at the same time proceeds to identify those areas that require further convergence. He examines and classifies all the existing theories and legal bases on third-party claims in clearly defined groups and puts forward a new systematic approach to the discussion to be used as an alternative to the existing theories.

Readership: Legal practitioners with an interest in commercial and investor-state arbitration, arbitrators, academics and academic libraries.

Author: Victor Joffe QC
Pub Date: Mar 2011
Publisher: Oxford
ISBN13: 9780199601318
Binding: Hardcover
Price: GBP 155.00

• The leading and most detailed title on Minority Shareholders
• Provides guidance on practice and procedure in the context of disputes
• Practically focused, the book includes forms, precedents and statutory materials
• Written by a leading company law set led by Victor Joffe QC, with new author, Tim Collingwood, who brings fresh expertise to content on rights

New to this edition

• Coverage of changes brought by amendments to regulation under the Companies Act 2006
• Takes into account implied terms under the new model articles of association produced by Regulation in 2008
• Over 50 additional cases including unfair prejudice, and multiple derivative actions
• Introductory chapter addressing general issues such as the foundations of a derivative claim and the source of the complaint

Minority Rights have become more and more topical due to the rise in importance of corporate governance and the increase in shareholder activism. This well-established work on the law relating to minority shareholders provides practitioners with the most detailed reference on the subject.

The book addresses the full impacts of the Companies Act 2006. It covers more than 50 new cases, including many relating to unfair prejudice (such as Neath Rugby Ltd, Southern Counties Fresh Foods Ltd and Sunrise Radio Ltd), as well as multiple derivative actions (Waddington v Chan). The book also has practical appendices which include a full range of forms, precedents and statutory material as well as parts of the Companies Act 2006 making this a complete resource for the practitioner. The new introductory chapter is a useful outline of general issues such as the foundations of a derivative claim and the source of the complaint, giving a clear understanding of the legal practice and procedure.

The well-regarded team, led by Victor Joffe QC, is joined by a new author, Tim Collingwood. He confers experience and expertise to the material on rights granted to shareholders.

Readership: Solicitors and barristers practising in corporate/company law and academics

Author: Rebecca Parry
Pub Date: Mar 2011
Publisher: Oxford
ISBN13: 9780199583799
Binding: Hardcover
Price: GBP 175.00

• The only in-depth analysis of the laws enabling the avoidance of transactions in insolvency
• Written by a team of expert academics and leading specialist practitioners in the field
• Highly practical in its outlook – taking into account the various statutory provisions and common laws and the interplay between them
• Authoritative analysis of bankruptcy law, with detailed coverage of pensions, the family home and divorce proceedings
• Includes reference to Commonwealth cases including Australia, New Zealand and the USA

New to this edition

• New material on property-related aspects and complex financial structures such as swaps and derivatives
• Expanded author team includes leading specialist practitioners in the field
• New coverage of case law and legislative amendments arising from the Enterprise Act 2002 and the Companies Act 2006, as well as the 2009 changes to the Insolvency Rules 1986

This new edition of Transaction Avoidance in Insolvencies considers a range of practical issues that arise in a typical transaction avoidance case as well as all the possible ways in which a vulnerable transaction might be attacked, in recognition of the fact that the provisions contained in the Insolvency Act 1986 might not always be the only possibilities available.

Fully updated to cover legislative amendments arising from the Enterprise Act 2002 and the Companies Act 2006, as well as coverage of the 2009 changes to Insolvency Rules 1986, the book provides a timely resource for insolvency practitioners following the upturn in insolvency cases brought about by the economic crisis.

Including new specialist material on property-related aspects and on transactions involving complex financial structures including swaps and derivatives, this book is essential reading for insolvency practitioners as well as company directors, banks, academics and postgraduate students of insolvency law.

Readership: Practitioners and academics specializing in insolvency, banking and commercial law; legal advisers to companies, directors, and banks; and reference libraries.

Author: Steven Anderman
Pub Date: Feb 2011
Publisher: Oxford
ISBN13: 9780199589951
Binding: Hardcover
Price: GBP 95.00

• Specially-commissioned contributions from academics and practitioners shed light on every aspect of the shifting boundaries between competition law and intellectual property rights
• Perspectives from both law and economics gives 360 degree insight into the issues
• Reviews the commercial practices and enforcement choices in key industry sectors such as technology and pharmaceuticals
• Helpful focus on specific provisions and exceptions in EU law, enhanced by additional insight into US law

In recent times, commercial activities of companies exercising market power through their intellectual property rights have increasingly come under the scrutiny of the EU competition authorities. Intellectual Property and Competition Law: New Frontiers looks at how the leveraging strategies of Microsoft, the patent enhancement strategies of Astra Zeneca and Rambus, and the reverse payment settlements in the pharmaceutical sector have all attracted competition intervention, and how the courts have been forced to decide whether intellectual property issues are the primary subject matter of the case, or peripheral to that.

Drawing on these judgments, and others, this timely book brings together leading figures from practice and from academia who examine the increasingly complex and often strained relationship between intellectual property and competition law. Focusing primarily on EU law, but with valuable insight into US law, they highlight areas where new frontiers are emerging in the interface between the two, including; refusal to grant access to trade secrets; the new product test in consumer welfare; competition law in the pharmaceutical sector; standard setting; and FRAND (Fair, Reasonable and Non-Discriminatory terms) commitments. The book also considers the way in which the Commission’s proposed changes to the application of Article 102 EC may impact on the protection of intellectual property rights.

In the post-Microsoft litigation era, this timely book captures the range of current thinking on the subject. The impressive list of contributors brings together leading figures from academia and practice, from intellectual property and competition law, and from law and economics, offering unrivalled expert analysis of this complex area.

Readership: Specialist competition and intellectual property academics and practitioners in the UK and Europe.