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Advanced systems of domestic corporate law generally apply a “no reflective loss” principle to shareholder claims. Shareholder claims are permitted for direct injury to shareholder rights (such as voting rights). But shareholders generally cannot bring claims for reflective loss incurred as...
Persistent link: https://www.econbiz.de/10010463415
Corporate law in advanced domestic legal systems on the one hand, and typical treaties for the protection of foreign investment on the other hand, treat claims for damages by company shareholders differently. Advanced domestic systems generally bar shareholders from claiming for reflective loss...
Persistent link: https://www.econbiz.de/10010463416
approaches in domestic courts in advanced economies, an approach rarely taken in analysing investor-state arbitration. The first … the early 19th century with generally strong support for commercial arbitration based on ad hoc fee-based remuneration …; and similarities and differences between commercial arbitration and investment arbitration, focusing how the largely …
Persistent link: https://www.econbiz.de/10011821957
chapter surveys some of the more active areas in the litigation literature. Topics include rules of evidence, loser-pays rules …
Persistent link: https://www.econbiz.de/10014023512
Well functioning judiciaries are key to economic development. Combining existing information with a newly collected dataset, the paper provides cross-country comparisons of measures of judicial performance, and investigates how cross-country differences in trial length are related to the...
Persistent link: https://www.econbiz.de/10009775560
Combining existing information with a newly collected dataset, the paper develops indicators of the performance and the institutional characteristics of OECD judicial systems. It provides cross-country comparisons of measures of trial length, accessibility to justice services and predictability...
Persistent link: https://www.econbiz.de/10010230639
International investment agreements (IIAs) almost universally define their temporal validity and thus set conditions for States’ exit from these treaties. This study presents the results of the survey of language that determines the temporal validity of 2,061 bilateral investment agreements...
Persistent link: https://www.econbiz.de/10010230658
The strong presumption against extraterritorial application of federal securities laws, as articulated in Morrison v. National Australia Bank, has significant implications for liability under Section 11 of the Securities Act. Morrison restricts federal securities law liability to purchases or...
Persistent link: https://www.econbiz.de/10011445366
treaties offer foreign investors a range of procedural choices, such as a choice between arbitration fora. The survey also … reflect differences in policy. The study also found little evidence of general convergence of approaches towards regulating …
Persistent link: https://www.econbiz.de/10009685837
The Securities and Exchange Commission has announced its intention to increase its reliance on administrative proceedings and to reduce the frequency with which it litigates in federal court. The Commission has also clearly signaled its intent to call for Chevron deference to its rulings in...
Persistent link: https://www.econbiz.de/10011448798