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1
Swartz, Tara M., William V. Hoch, and Mary E. O'Neal. Top 10 tricky FMLA situations & solutions: A series of case hypotheticals. MCLE New England, 2015.
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Bryson, Ellen. Top 10 ways family foundations get into trouble. 2nd ed. Council on Foundations, Inc., 2005.
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Rosen, Mark L. Physician's malpractice survival guide: 10 steps to protect your assets before it's too late. 2nd ed. Xlibris, 2008.
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Larry, Parker. Acid rain control: What is a 10 million ton SOb2s reduction? Congressional Research Service, Library of Congress, 1989.
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Yianilos, Christopher J. Law School Breakthrough: Graduate in the Top 10% of Your Class, Even If You're Not a First-Rate Student. Red Wheel/Weiser, 2005.
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Yianilos, Christopher J. The Law School Breakthrough: Graduate In The Top 10% Of Your Class, Even If You're Not A First-Rate Student. Career Press, 2005.
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Top 10 Las Vegas With Map DK Eyewitness Top 10 Travel Guides. DK Publishing (Dorling Kindersley), 2009.
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Dk Publishing. Eyewitness Top 10 Travel Guide to Las Vegas (Eyewitness Travel Top 10). DK Travel, 2002.
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James, Harrison. 10 Towards Integrated Management of the Oceans at the International Level. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198707325.003.0010.
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The world’s oceans constitute a single, interconnected planetary system, and their effective protection, therefore, demands an integrated approach. Yet, the decentralized nature of the international legal order means that the challenges for coordination are immense. Chapter 10 explains the difficulties of developing a coherent and comprehensive legal framework for the protection of the marine environment, with a particular focus on the challenges of promoting multipurpose marine protected areas in light of the proliferation of sectoral regulatory regimes. The chapter then assesses the possible mechanisms for promoting coordination between relevant treaties. Both top-down global coordination of environmental protection and bottom-up cooperation are considered. The prospects for this issue to be addressed through the ongoing negotiations on a new legally binding instrument for the conservation of marine biodiversity in areas beyond national jurisdiction are also taken into account.
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Dk Publishing. DK Eyewitness Travel Guide Top 10 Las Vegas. Dorling Kindersley Publishing, Incorporated, 2018.
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Cook, Marc. Las Vegas Travel Guide: The Top 10 Highlights in Las Vegas. CreateSpace Independent Publishing Platform, 2015.
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Carsten, Stahn. Part II The Relationship to Domestic Jurisdictions, 10 Admissibility Challenges before the ICC: From Quasi-Primacy to Qualified Deference? Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0010.
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The ICC has faced admissibility challenges under Article 19 of the Statute in a number of situations and cases. The Court has set a high jurisprudential threshold through its interpretation of the ‘same conduct test’ under Article 17. The Libyan cases (Saif Al-Islam Gaddafi and Abdullah Al-Senussi) have provided some leeway for domestic jurisdictions. But jurisprudence continues to rely on top-down approaches and ‘mirroring’ imagery that is geared towards the replication of international practices at the domestic level. The role of time and the space for parallel engagement of the ICC and domestic jurisdictions have not received sufficient attention. This chapter argues that the modalities of deference to domestic jurisdiction need to be refined. It suggests that some of the existing deficiencies may be mitigated by greater attention to qualified deference, i.e. management of parallel proceedings, strengthening of monitoring structures, and clarification of conditions of deference (‘conditional admissibility’).
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Stephen, Jagusch, and Triantafilou Epaminontas E. 10 London. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199655717.003.0011.
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This chapter summarizes the key aspects of the English legal system with respect to the role of courts in arbitrations seated in England and Wales. First, it highlights the key provisions of relevant English legislation, mainly of the English Arbitration Act of 1996 and the principal court decisions arising under that legislation. Second, it describes the manner in which English law as the law of the seat affects the role of English courts in the course of three discrete stages: before the award, after the award, and during recognition and enforcement. In the process and where necessary, it addresses and ultimately rejects recently articulated concerns questioning the supremacy of England and Wales as an arbitration seat. The chapter concludes that England and Wales possesses a comprehensive and clearly articulated legal framework governing arbitration, and a sophisticated, impartial judiciary with ample experience in complex arbitral disputes and the collateral issues they raise under both English law and foreign laws and regulations. The jurisdiction is distinctly arbitration-friendly, with a keen understanding of the benefits arbitration aims to confer on parties, and the policy considerations such benefits entail.
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Natalie, Lichtenstein. 10 Reflections. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198821960.003.0010.
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Chapter 10, Reflections, draws on the histories of AIIB’s predecessors to single out themes that may prove relevant for AIIB’s future development. Examples are taken from the stories of the World Bank, and the Inter-American Development Bank (IADB), the Asian Development Bank (AsDB), the African Development Bank (AfDB) and the European Bank for Reconstruction and Development (EBRD). Principal themes are: economic and financial environment; international relations and politics; funding; membership changes; major shareholders; clients and operations; leadership and governance; and attitudes toward change. While AIIB has been established in a world far different from the second half of the twentieth century that saw the birth of its predecessors, many of these aspects of the development of these multilateral development banks may prove similarly influential as AIIB’s future unfolds.
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Stuart, Casey-Maslen, Clapham Andrew, Giacca Gilles, and Parker Sarah. Art.10 Brokering. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723523.003.0014.
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This chapter examines Article 10 of the ATT, which requires each state party to regulate brokering for conventional arms covered by the ATT that takes place under its jurisdiction. The obligation is qualified by the phrase ‘pursuant to its national laws’, which allows states parties a certain margin of discretion. The provision does not specify what types of measures must be taken to control brokering but does suggest requiring brokers to register or to obtain written authorization before they may engage in brokering activities. Registration is a process whereby persons who wish to engage in brokering must apply to the relevant authority, possibly fulfil certain criteria, and be recorded as persons who are permitted to engage in brokering activities. This gives the authorities a record—and potentially also oversight—of brokers.
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Colin, Bamford. 10 Security Interests. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198722113.003.0010.
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The chapter discusses the ways in which a creditor can obtain the benefit of the value of an asset to support a debt that he is owed. By way of introduction, it examines the reasons for taking security, the difficulties of terminology and the issues around registration. It then looks at the different forms of security, drawing a distinction between title-based security (mortgage, charge, pledge, lien, transfer of retention of title and declaration of trust) and contract-based security, where the creditor looks to an asset as security without having any property interest in the asset. Examples given are set-off, netting and running accounts. It then discusses reverse security, where the purpose of the arrangements is not to enhance the prospects of the creditor, but to limit the liability of the debtor. It discusses the use of special-purpose vehicles, third party security, and non-recourse and limited-recourse lending.
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Dana, Schweigelová. 10 Czech Republic. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0010.
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This chapter provides an overview of the legal framework of set-off in the Czech Republic both outside and within the context of insolvency. In the Czech Republic, set-off rights are regulated exclusively by statutory law. General regulations on set-off arrangements are laid down in Sections 1982–1991 of the Czech Civil Code. Other laws relevant to set-off are the Business Corporations Act, the Capital Markets Act, the Financial Collateral Act, and the Act on Insolvency. The chapter first examines set-off between solvent parties, taking into account general regulations, specific regulations under the Business Corporations Act, contractual set-off involving multiple parties, and special regulatory regimes governing set-off in the Czech Republic. It then considers set-off between insolvent parties before concluding with an analysis of set-off issues arising in the cross-border context.
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Richard, Calnan. Part V Changing Words, 10 Principle 10: Estoppel by Convention. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198792307.003.0011.
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This chapter considers the circumstances in which one party to a contract can be prevented from relying on the words of the contract. If the parties to a contract have dealt with each other on the basis of a common understanding about the meaning or effect of the contract, that interpretation will bind them if it would be unjust to go back on it. The chapter discusses the principles concerned, and the test for the application of estoppel by convention. It also gives examples.
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Robert, Wintgen. Ch.10 Limitation periods, Introduction to Chapter 10 of the PICC. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0200.
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Chapter 10 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with ‘limitation periods’. The chapter, which was added to the 2004 edition of the PICC but was not amended in the 2010 edition, generally follows an international trend, but some of its provisions are quite unusual in comparison with most domestic laws. Arguably, these provisions cannot be considered as general principles of law or lex mercatoria. In respect of limitation periods, arbitral tribunals should therefore consider carefully whether it is possible to follow the opinion that ‘a reference to lex mercatoria or general principles of law can nowadays be regarded as a choice of the UNIDROIT Principles’.
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Jones, Alison, and Brenda Sufrin. 10. Horizontal Cooperation Agreements. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198723424.003.0010.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU competition policy towards horizontal cooperation agreements. It covers joint ventures; the contents of the 2010 Guidelines; the general approach to horizontal cooperation agreements in the Guidelines; information agreements; research and development agreements; production agreements; purchasing agreements; commercialisation agreements; standardisation agreements; and agreements in particular sectors.
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Douglas, Guilfoyle. 10 The High Seas. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0010.
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This chapter discusses the legal regime of the high seas. It first considers the law governing the high seas as a used space: its geographic extent and the core ‘freedoms’ all States enjoy there. It then considers the legal structures underpinning or qualifying those considerations of space and usage: how the law of the sea allocates regulatory authority over high seas activities, the meaning of the high seas being reserved for ‘peaceful purposes’, and the interaction of the high seas with other maritime zones. Next, it looks at the law of the high seas as regards shipping, including the duties of flag States, the law applicable to stateless vessels, and the vexed question of jurisdiction regarding collisions. The chapter concludes by examining questions of the ‘policing’ of the high seas (including the contemporary problems posed by maritime piracy, irregular migration, and weapons smuggling) and the current major challenges for the relevant legal regime.
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Lloyd, Ian J. 10. Substantive criminal law provisions. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787556.003.0010.
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This chapter examines the provisions of the Council of Europe’s Convention on Cybercrime to determine the major headings under which computer-related conduct might be prosecuted and to analyse the effectiveness of UK legislation in the field. The focus is on offences against the confidentiality, integrity, and availability of computer data and systems, which essentially refers to computer hacking and to attempts to impair the operation of computer systems through interception of communications, the promulgation of viruses, or the launching of denial of service attacks.
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Craig, Paul, and Gráinne de Búrca. 10. EU International Relations Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0010.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU law on international relations. The area of external relations has become increasingly important in recent years, as the EU strives to enhance its global presence on issues such as trade, climate change, development, human rights, and international terrorism. Some of the crucial issues for the conduct of EU international relations are effective coordination across policy fields, coordination between the EU and the Member States, and coordination at the level of international representation. Consistency across and between policies has become a constitutional requirement of EU external relations.
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Jeswald W, Salacuse. 10 Monetary Transfers and Treatment. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0010.
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The ability of a foreign investor to make international monetary payments freely both into and out of a host country is crucial to the success of any foreign investment. Investors need to transfer funds into the host country in order to establish an investment, operate it, expand it, and support it during economic hard times. This chapter discusses special treatment standards relating to monetary transfers. Treaty provisions on monetary transfers often address six basic issues: the general scope of the investor’s rights to make monetary transfers; the types of payments that are covered by such right; the nature of the currency in which payments may be made; the applicable exchange rate; the time within which the host state must allow the investor to make transfers; and exceptions to the right to make monetary transfers.
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Tim, Peterson, and Harrow Shoshanna. 10 Documentation of Project Bonds. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715559.003.0011.
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Project bonds issued in the international capital markets are used as a source of, or to refinance, project capital. Project bonds are securities and therefore subject to regulations requiring adequate disclosure for investors and restrictions on where and to whom the bonds may be marketed. Advantages of project bonds as compared to loans include improved operational flexibility and the potential for improved price, size, and tenor. Relative disadvantages include regulatory and credit rating requirements, consent and intercreditor issues, and the inability to have multiple drawdowns. The chapter describes the Rule 144A and Regulation S exemptions from US registration, their attendant selling restrictions, the due diligence process, and typical project bond documentation, including the offering circular, underwriting agreement, and indenture.
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Nigel, Blackaby, Partasides Constantine, Redfern Alan, and Hunter Martin. 10 Challenge of Arbitral Awards. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198714248.003.0010.
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This chapter discusses the challenge or appeal of arbitral awards by the losing party of arbitration. Under the New York Convention and the UNICTRAL Model Law, the purpose of challenging an award is to have the court declare all, or part, of the award null and void. If an award is set aside or annulled by the relevant court, it will usually be treated as invalid and accordingly unenforceable not only by the courts of the seat of arbitration, but also by national courts elsewhere. The chapter describes the various methods of challenge: ‘internal’ challenge; the correction and interpretation of awards; the issuance of additional awards; and the remission of awards. If the challenge is successful, the court may decide to confirm the award, refer it back to the arbitrary tribunal, vary the award, or set it aside in whole or in part.
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Christoph G, Paulus, and Berberich Matthias. 10 National Report for Germany. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198727293.003.0010.
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This chapter discusses the law on creditor claims in Germany. German insolvency law distinguishes between several types of creditors in insolvency proceedings and treats them differently with regard to priority of claims, enforcement, modes of realization, and costs. The doctrinal approach of the German Insolvency Code is not so much a categorization of claims, but rather it takes a view on the creditors. German insolvency law draws a rough distinction between four creditor groups: secured creditors; general insolvency creditors; subordinated creditors; and administration creditors. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.
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Claudia T, Salomon. 10 Damages in International Arbitration. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198753483.003.0011.
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This chapter addresses the implications of the substantive law of the State of New York for the proof and calculation of damages. In international commercial arbitration, the category of damages, as well as the nature of proof required, is determined by the agreement of the parties. Absent such an agreement, tribunals will be guided by the substantive law of the arbitration. And generally, for damages to be recoverable, an aggrieved party must prove that the opposing party’s conduct directly and proximately caused the claimed damages. Although an in-depth analysis of theories and standards of proof for establishing causation is beyond the scope of this chapter, the requirement that a party prove, with a reasonable degree of certainty, damages proximately caused by a respondent’s actions explains New York law’s general skepticism about anticipated lost profits for a prospective business opportunity as a class of damages.
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Michael, Moser, and Bao Chiann. 10 Complex Arbitrations (Articles 27–29). Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198712251.003.0010.
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This chapter considers three of HKIAC’s mechanisms for dealing with complex arbitrations: the joinder of additional parties, the consolidation of two or more arbitrations, and the commencement of a single arbitration under multiple contracts. It emphasizes the need for institutional rules to include mechanisms for administering multi-party and multi-contract cases. Indeed, the desire to streamline procedure in multi-party/multi-contract situations was recognized as a priority during the revisions to the 2008 HKIAC Rules. HKIAC was keen to ensure that it had appropriate powers to supervise and progress such proceedings and to reduce the scope for parties to use these—now common—complexities to delay or obstruct the arbitral process. The resulting provisions are key features of the HKIAC Rules and a principal reason for parties to select the HKIAC Rules in their agreements.
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Michael, Furmston, Tolhurst G J, and Mik Eliza. 10 Denial of Legally Binding Effect. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198724032.003.0010.
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An agreement is legally enforceable only if it is supported by valuable consideration and there is an intention to contract. This chapter focuses on this requirement of an intention to contract which must exist in all the parties. It discusses the use of presumptions; the presumptions and threshold intention; consideration and intention to contract; family and social agreements; and commercial agreements. The final section deals with letters of comfort. When a bank is approached for finance by a subsidiary of a large company, any initial offer of finance usually will be subject to security being provided by the parent company. Where the parent company is not prepared to provide security, it may provide the bank with a letter of comfort. These letters take three principal forms. The first type acknowledges the subsidiary's loan application and states that it is the policy of the parent company to ensure that its subsidiaries meet their loan obligations. The second type acknowledges the subsidiary's loan application and states that it intends to maintain its shareholding in the subsidiary. The third type simply acknowledges the loan application.
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Mark, Mangan, Reed Lucy, and Choong John. 10 The Powers of the Tribunal. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199657216.003.0010.
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This chapter describes the power of the Tribunal in Singapore International Arbitration Centre (SIAC) Rule 24. The Tribunal shall have the power to extend or abbreviate procedural time limits. The rule also gives the Tribunal the discretion to determine the method of inspection and the injunction to freeze the property of a respondent which might be put beyond the reach of a claimant, but only to the extent the property forms part of the subject matter of the dispute.
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Robert, Wintgen. Ch.10 Limitation periods, Art.10.8. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0208.
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This commentary analyses Article 10.8 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the suspension of the limitation period in case of force majeure, death or incapacity. Many domestic legal systems, along with Art 21 of the UN Limitation Convention, provide for a rule which prevents limitation periods from running in the case of vis maior or force majeure. Under Art 10.8, if the obligee has been prevented from causing a limitation period to cease to run due to an impediment that is beyond its control and that it could neither avoid nor overcome, the general limitation period is suspended so as not to expire before one year after the relevant impediment has ceased to exist. This commentary discusses the rationale and effects of force majeure on limitation period, the end of suspension in the case of death and incapacity, and burden of proof relating to the suspension of the limitation period in case of force majeure, death or incapacity.
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Antonio R, Parra. 10 ICSID from 2000 to 2010. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198767466.003.0010.
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This chapter examines activities of the Centre in the first decade of the twenty-first century. Section I begins by reviewing ratifications of the ICSID Convention in the period 2000 to 2010. It then turns to the management, staffing and finances of the Secretariat during the period. Additions to the Panels of Conciliators and of Arbitrators are also considered. Two sets of amendments of the Regulations and Rules of the Centre were passed during the decade to meet changing demands on ICSID. These amendments are examined in Section II. An overview of the expanded caseload is provided in Section III.
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Robert, Wintgen. Ch.10 Limitation periods, Art.10.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0201.
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This commentary analyses Article 10.1 of the UNIDROIT Principles of International Commercial Contracts (PICC). Art 10.1 provides an overview of the scope of Chapter 10 of the PICC concerning ‘limitation periods’. According to this provision, the exercise of rights governed by the PICC is barred by the expiration of the limitation period. Chapter 10 does not govern the time within which one party is required under the PICC, as a condition for the acquisition or exercise of its right, to give notice to the other party or to perform any act other than the institution of legal proceedings. This commentary discusses the rights governed by the PICC, exclusion of notice requirements with regard to limitation periods, and prevailing mandatory rules of domestic law on limitation periods. It also considers the implications of inconsistent behaviour, good faith and fair dealing for limitation periods.
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Robert, Wintgen. Ch.10 Limitation periods, Art.10.10. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0210.
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This commentary analyses Article 10.10 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the right of set-off with regard to limitation periods. Under Art 10.10, the obligee is entitled to exercise the right of set-off until the obligor has asserted the expiration of the limitation period. At first glance, the provision seems to be a logical consequence of the principle that the time-barred right is not extinguished and that it can still be relied on as a defence. In most major legal systems, however, payment by means of set-off with a time-barred claim is only possible under certain circumstances. In order to prevent the use of time-barred claims for the purpose of set-off, the burden of proof with regard to payment of these claims is on the obligee once the limitation period has expired.
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Robert, Wintgen. Ch.10 Limitation periods, Art.10.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0203.
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This commentary analyses Article 10.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning modification of limitation periods by the parties. Under Art 10.3, the parties are allowed to modify the limitation periods. However, the parties may not shorten the general limitation period to less than one year, shorten the maximum limitation period to less than four years, or extend the maximum limitation period to more than fifteen years. This commentary discusses the possibility of modification under Art 10.3(1), with particular emphasis on modification by the parties as distinguished from other techniques, different kinds of modification, and means of modification. It also considers limits to modifications under Art 10.3(2), including limits in respect of the general period and limits in respect of the maximum period, along with the effect of agreements on limitation periods in violation of Art 10.3(2).
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Robert, Wintgen. Ch.10 Limitation periods, Art.10.7. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0207.
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This commentary analyses Article 10.7 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of alternative dispute resolution (ADR) on limitation periods. The provisions of Arts 10.5 and 10.6 apply with appropriate modifications to other proceedings whereby the parties request a third person to assist them in their attempt to reach an amicable settlement of their dispute. This commentary considers the definition of ADR and three requirements that must be met for a suspension of the limitation period in accordance with Art 10.7. It also discusses appropriate modifications with regard to the commencement and end of suspension of the limitation period.
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Thomas, Keijser, ed. Ch.10— Conflict of Laws Rules. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780191821790.003.0010.
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This section of the noter-up complements Transnational Securities Law by Thomas Keijser and discusses updates which relate to the conflict of laws in relation to securities. These include the following subject area: Non-intermediated securities.
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Robert, Wintgen. Ch.10 Limitation periods, Art.10.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0204.
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This commentary analyses Article 10.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning new limitation periods by acknowledgement. All major jurisdictions accept that a new limitation period starts to run if the obligor acknowledges the obligee's right. This rule is consistent with the policy considerations underlying limitation periods, since an acknowledgement makes it clear that the obligor is aware of its debt. According to Art 10.4, if the obligor before the expiration of the general limitation period acknowledges the right of the obligee, a new general limitation period begins on the day after the day of the acknowledgement. The maximum limitation period does not begin to run again, but may be exceeded by the beginning of a new general limitation period under Art 10.2(1). This commentary considers the definition of acknowledgement, the time of acknowledgement, burden of proof relating to the new limitation period, and effects of the obligor's acknowledgement of the obligee's right.
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Robert, Wintgen. Ch.10 Limitation periods, Art.10.9. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0209.
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This commentary analyses Article 10.9 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the effects of expiration of the limitation period. Limitation periods may be regarded by a legal system as a matter of procedural or substantive law. In the second case, there are two options with regard to the effects of the expiry of the limitation period. Either the obligation is extinguished (strong effect) or the obligation continues to exist but the obligor is granted a right to refuse performance (weak effect). Under Art 10.9, the expiration of the limitation period does not extinguish the right. For the expiration of the limitation period to have effect, the obligor must assert it as a defence. A right may still be relied on as a defence even though the expiration of the limitation period for that right has been asserted. This commentary also considers the PICC's stand on the influence of the running of the limitation period on securities, collateral, and ancillary claims.
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David G, Mayes. 10 The Funding of Bank Resolution. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198754411.003.0010.
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This chapter examines the funding of a bank recovery or resolution under the Bank Recovery and Resolution Directive (BRRD) and the associated Single Resolution Regulation (SRR). The BRRD assures that bank problems have a minimum impact on the wider economy and on the living conditions and standards of ordinary people. Meanwhile, the SRR sets out how the BRRD is to be applied for the countries participating in the Single Supervisory Mechanism (SSM). The chapter explores the problems of assessing the costs of resolving failing banks. It explains the New Zealand scheme and the authorities’ assessment of the potential impact of various resolution and recovery measures on the economy. It also discusses the ways in which the BRRD/SRR might be implemented in order to minimize the risks to society at large.