Indispensable Parties Research Articles

Case study of Audit Failure of Small and Medium-sized Accounting Firms

Accounting firms are an indispensable party in the securities market and play a role that cannot be underestimated in supervising audited units and protecting investors. With the implementation of the dual filing system, small and medium-sized accounting firms have also begun to enter the securities market, which has further developed the securities market. However, in order to undertake business, small and medium-sized firms sell audit opinions to enterprises with caps with questionable financial quality, and audit failure is inevitable. This paper takes *ST Xinyi as an example, analyzes the reasons for its fraud methods and audit failures, and puts forward some suggestions to reduce the occurrence of audit failures of listed companies by small and medium-sized firms.

A Primer On the United States Supreme Court: An Indispensable Party in Creating a Legal Cannon

This study, consisting of two discrete parts, will explore the creation, jurisdiction and practices of the United States Supreme Court. Part I of the article [“A Primer on the United States Supreme Court: An Indispensible Party in Creating a Legal Cannon”] will discuss issues relating to the important “Rule of Four,” by which the Supreme Court controls its docket, issues relating to the adjudication of “political questions,” provides judicial biographies of the Justices of the Court from the website of the Court itself, and discusses the various judicial philosophies which guide individual judges in their determination—including a commentary on the leadership of Chief Justice John Roberts.Part II [“A Discussion of Major Supreme Court Cases from the Spring 2022 Term”] will discuss and summarize the decisions of the Court in important cases, termed the “Big Five,” dealing with abortion, hand-guns and the Second Amendment, religious liberty, immigration, and the reaches of administrative law as these are delivered by the Supreme Court during the Spring of 2022.

Reassessing State Consent to Jurisdiction. The Indispensable Third Party Principle before the ICJ

In Monetary Gold Removed from Rome, the International Court of Justice first articulated the ‘Monetary Gold rule’: the principle that it cannot rule on cases in which the conduct of a State not party to the proceedings forms the ‘very subject-matter’ of the dispute, even where its jurisdiction over the parties is established. That principle is now commonly taken to be a rule of international law of a fundamental character, deriving its force from the sovereignty of States and the nature of the international legal system. This article will dispute that claim, and will argue that the principle of consent underpinning Monetary Gold is an empty formalism. Through a comparison of the Court’s approach in its contentious and advisory jurisdictions, it will ask to what States consent and for what purpose they do so, when they ‘consent to jurisdiction’, and no satisfactory answer will be found. It will be concluded that the focus on consent in international adjudication is discretionary; it is a choice, and its rationale therefore deserves to be fully interrogated.

An Indispensable Party of Power? United Russia and Putin’s Return to the Presidency, 2011–14

United Russia (ur), which has served as one of the pillars of Russian authoritarianism, experienced a radical decline in its support around the time of Putin’s return to Presidency. In this study, I examine the regime’s responses to the declining support for ur by focusing on the nuanced relationship between the regime and ur. Especially important in this context is that ur can be characterized as a “party of power” that is embedded in the political system; this allows the regime to be opportunistic toward the party, but there is also a limitation in the extent that the regime can distance itself from the party. I demonstrate that the regime took various measures, including the creation of the All-Russia People’s Front (onf) to escape the ire of voters; however, the range of responses adopted did not lead to the replacement of ur.

Procedural Developments at the International Court of Justice

Abstract The present column covers procedural developments at the International Court of Justice for the period spanning from 1 July 2015 to 31 March 2017. Those developments involve the existence of a dispute as a condition for the Court’s jurisdiction; the interpretation of compromissory clauses; the interpretation of declarations made under Article 36(2) of the icj Statute (the “Optional Clause”); the principles of res judicata, ne bis in idem and exhaustion of treaty processes; the indispensable third parties doctrine; the admissibility of requests to enforce judgments of the Court; issues of admissibility arising from multilateral disputes; and allocation of costs under Article 64 of the Statute.

Investments on Disputed Territory: Indispensable Parties and Indispensable Issues

Investments on Disputed Territory: Indispensable Parties and Indispensable Issues

Investments on Disputed Territory: Indispensable Parties and Indispensable Issues

Nine investment tribunals may have to determine whether Crimea constitutes Russian or Ukrainian territory under international law. This should create some discomfort, as investment tribunals arguably should not have the power to settle territorial sovereignty disputes. This Article explores the merits of two preliminary objections to claims concerning investments on disputed territory: the doctrine of indispensable parties and the doctrine of indispensable issues.

Investments on Disputed Territory: Indispensable Parties and Indispensable Issues

Seven investment tribunals may soon have to determine whether Crimea constitutes Russian or Ukrainian territory under international law. This should create some discomfort, as investment tribunals arguably should not have the power to settle territorial sovereignty disputes. This Article explores the merits of two potential objections to the admissibility of claims concerning investments on disputed territory: the doctrine of indispensable parties and the doctrine of indispensable issues.

Procedural Aspects of Shared Responsibility in the European Court of Human Rights

This article explores how the European Court of Human Rights handles human rights complaints that involve multiple responsible entities and how its procedural organization influences its capability to allocate responsibility among different entities. It identifies to what extent relevant procedural rules of the Court may facilitate or obstruct multilateral dispute settlement and to what extent they may contribute to the development of the substantive law on situations of ‘shared’ responsibility. Some key procedural aspects that are discussed are: jurisdiction, standing, joinder of cases, the ‘indispensable parties rule’, third-party intervention, fact finding, interim orders and issues of reparation.

Procedural Aspects of Shared Responsibility in the European Court of Human Rights

This article explores how the European Court of Human Rights handles human rights complaints that involve multiple responsible entities and how its procedural organisation influences its capability to allocate responsibility amongst different entities. It identifies to what extent relevant procedural rules of the Court may facilitate or obstruct multilateral dispute settlement and to what extent they may contribute to the development of the substantive law on situations of shared responsibility. Some key procedural aspects that are discussed are: jurisdiction, standing, joinder of cases, the indispensable parties rule, third party intervention, fact finding, interim orders and issues of reparation.

The Competence of the International Court of Justice and the Doctrine of the Indispensable Party: from Monetary Gold to East Timor and Beyond

The Competence of the International Court of Justice and the Doctrine of the Indispensable Party: from Monetary Gold to East Timor and Beyond

Suits And Suitability

Suits And Suitability

Characteristics of Successful Southeastern U.S. Agribusiness Exporters

A survey of southeastern U.S. agribusiness exporters showed that export firms had many characteristics in common regardless of commodity category. In general, the profile of a successful southeastern U.S. agribusiness exporter in terms of export sales is one that tends to have higher total sales, foreign and domestic, and more export-market experience though the firm tends to be relatively young. While almost half of the firms engaged in promotion activities, less than a quarter of the respondents availed themselves of federal export promotion/assistance programs because of unfamiliarity or perceived costs. An overwhelming majority considered freight forwarding companies as indispensable parties to all transactions because of the extreme complexity of export-import logistics.

Information Gathering, Transaction Costs, and the Property Rights Approach

The property rights approach to the theory of the firm suggests that ownership structures are chosen in order to provide ex ante investment incentives, while bargaining is ex post efficient. In contrast, transaction cost economics emphasizes ex post inefficiencies. In the present paper, a party may invest and acquire private information about the default payoff that it can realize on its own. Inefficient rent seeking can overturn prominent implications of the property rights theory. In particular, ownership by party B may be optimal, even though only the indispensable party A makes an investment decision.

PUC not involved in water suppliers' contract dispute

A Public Utility Commission was not a necessary and indispensable party to an equity proceeding brought by a water authority against a private water company to collect a delinquent water bill, according to a Pennsylvania appellate court. Both the trial and appellate courts ruled that the Southwestern Pennsylvania Water Authority could threaten to discontinue water service to Mather Water Company because of an overdue bill without involvement of the PUC.

Occidental Petroleum Corporation v. Buttes Gas and Oil Company and Others

13States as international persons — In general — Recognition of acts of foreign States and governments — United States Act of State doctrine — Antitrust action — Defendant companies allegedly inducing dispute over territory between foreign States — Dispute adversely affecting plaintiff company to benefit of defendants — Whether action involving United States court in judging acts of foreign States — Status of the Trucial States — Whether States for purposes of Act of State doctrine — Whether action requiring United States court to adjudicate international boundary dispute — Whether foreign States indispensable parties to action — Scope of antitrust laws — Jurisdiction in antitrust cases — The law of the United States

Federal Courts. Joinder of Parties. Indispensable Party Doctrine Affords Absentee Whose Rights May Be Affected by Decree Substantive Right to Be Joined

Federal Courts. Joinder of Parties. Indispensable Party Doctrine Affords Absentee Whose Rights May Be Affected by Decree Substantive Right to Be Joined

Federal Rules of Civil Procedure: Rule 19 and Indispensable Parties

Federal Rules of Civil Procedure: Rule 19 and Indispensable Parties

Federal Civil Procedure: Third Circuit Rejects Flexible Approach to the Doctrine of Indispensable Parties Embodied in Amended Federal Rule of Civil Procedure 19

Federal Civil Procedure: Third Circuit Rejects Flexible Approach to the Doctrine of Indispensable Parties Embodied in Amended Federal Rule of Civil Procedure 19

Federal Courts. Rules of Civil Procedure. Rule 19 Cannot Alter the Indispensable Party Doctrine, Which Is a Matter of Substantive Right. Provident Tradesmens Bank & Trust Co. v. Lumbermens Mutual Casualty Co., 365 F.2d 802 (3d Cir. 1966)

Federal Courts. Rules of Civil Procedure. Rule 19 Cannot Alter the Indispensable Party Doctrine, Which Is a Matter of Substantive Right. Provident Tradesmens Bank & Trust Co. v. Lumbermens Mutual Casualty Co., 365 F.2d 802 (3d Cir. 1966)