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Starting a compliance program

International Corporate Compliance, Third Edition

Lothar Determann

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Key terms

International Corporate Compliance, Third Edition

Lothar Determann

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Key concepts

International Corporate Compliance, Third Edition

Lothar Determann

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INTRODUCTION

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

This chapter sets the limits for the study by defining the purpose, scope, jurisdictional advantages for the plaintiff (jurisdiction strategies) and limits. Keywords: purpose; scope; jurisdiction strategies; limits

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The Field Guide

International Corporate Compliance, Third Edition

Lothar Determann

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EXTENDED TABLE OF CONTENTS

Where to Litigate Unitary Rights vs National Rights in the EU

Torsten B. Larsen

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Content overview

International Corporate Compliance, Third Edition

Lothar Determann

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Qian Zhan

A consumer survey, as an instrument used to gather data on the beliefs and attitudes of consumers towards trademarks or products, is considered to have vital influence in trademark litigation. In recent years, courts have come to rely increasingly on the results of surveys conducted by one or both litigants in trademark lawsuits. The practical issue for trademark litigants is determining whether, when and how to develop survey evidence, given the cost, time, and other constraints. To shed light on this specific issue, we undertook a statistical analysis of trademark infringement cases in China. By examining 17 836 cases decided by China's courts over a 16-year period from 2001 through 2016, this article presents an empirical study assessing the statistical relationship between the presentation of survey evidence and case outcomes. The goal of our study is to help trademark litigants to determine the importance and value of presenting consumer surveys in trademark infringement case and make more informed decisions about their litigation strategies.

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Edited by Johanna Gibson

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Fenghua Li

At the centre of the controversy surrounding the reversal of awards in the Yukos cases is the provisional application laid down in Article 45 of the Energy Charter Treaty (ECT), which allows a signatory to unilaterally undertake to give affirmative legal effect to the obligations under the ECT on a voluntary and provisional basis. The paper examines the two disparate approaches adopted by the Arbitral Tribunal and the Hague District Court in interpreting the provisional application, namely the ‘all-or-nothing’ approach which necessitates an analysis and determination of whether the principle of provisional application per se is inconsistent with national laws of a signatory and the ‘piecemeal’ approach that requires provisional application to be dependable on the consistency of each provision of the ECT with national laws. The paper further scrutinises the effect that should be given to the provisional application of the ECT and maintains that the controversy has the potential to generate intricate tensions between the finality and rectification of arbitral awards and between international arbitral autonomy and judicial scrutiny instrument, and will have a conclusive impact on the fate of the petition of the Russian Federation.