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Mandatory Arbitration of Intra-Corporate Disputes in Brazil : A Beacon of Light for Shareholder Litigation?
Gil Lemstra, Patricia - 2020
-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to … judicial claims as the method of intra-corporate dispute resolution. Our findings suggest that their choice of arbitration is … arbitration and mediation or conciliation are almost equally preferred methods for intra-corporate dispute resolution involving …
Persistent link: https://www.econbiz.de/10012838053
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Investment treaties and shareholder claims for reflective loss : insights from advanced systems of corporate law
Gaukrodger, David - 2014
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
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Dispute Resolution in International Construction Contracts : The Engineer and Dispute Boards (Resolución De Disputas En El Contrato Internacional De Construcción: La Labor Del Engi...
Rodríguez Fernández, Maximiliano - 2009
Construction industry is recognized for its predisposition to conflicts. The countless obligations and their performance, the long periods of time spend to execute the works and the international character of the parties involved in construction contracts are characteristic elements that mean...
Persistent link: https://www.econbiz.de/10014202574
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The Governance of Blockchain Dispute Resolution
Allen, Darcy W E - 2020
paper we first map some institutional governance possibilities for contracting parties (e.g. mediation, private arbitration …
Persistent link: https://www.econbiz.de/10012850145
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Critiquing arbitration of shareholder claims
Johnson, Jennifer; Brunet, Edward - In: Securities regulation law journal 36 (2008) 3, pp. 181-212
Persistent link: https://www.econbiz.de/10003813620
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Investment treaties as corporate law : shareholder claims and issues of consistency
Gaukrodger, David - 2013
Claims by company shareholders seeking damages from governments for so-called "reflective loss" now make up a substantial part of the investor-state dispute settlement (ISDS) caseload. (Shareholders’ reflective loss is incurred as a result of injury to “their” company, typically a loss in...
Persistent link: https://www.econbiz.de/10010230659
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Arbitration of intra-corporate disputes
Kennett, Wendy - In: International journal of law and management : IJLMA 55 (2013) 5, pp. 333-360
Persistent link: https://www.econbiz.de/10010194964
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Developments in the Legal Standing of Shareholders and Holding Corporations in Investor-State Dispute
Valasek, Martin - 2014
The focus of this paper is to systematically analyze the legal standing of shareholders before arbitral tribunals under modern investment treaties. We will examine the legal standing of different categories of shareholders, including “minority” and “indirect” shareholders, as well as the...
Persistent link: https://www.econbiz.de/10013057679
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Delawyering the Corporation
Ribstein, Larry E. - 2011
This article shows how in-house lawyers' role has evolved to address the high cost of legal services and the traditional information asymmetry between lawyers and clients. The first stage of this evolution involved the expanding role of in-house counsel from intermediary between corporate...
Persistent link: https://www.econbiz.de/10014042002
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Pathway to Minority Shareholder Protection : Derivative Actions in the People's Republic of China
Howson, Nicholas Calcina - 2013
Using a dataset of Chinese judicial opinions arising in over fifty cases, this paper analyses the development and current implementation of shareholder derivative actions in the courts of the People's Republic of China (“PRC”), both before and after the derivative lawsuit was explicitly...
Persistent link: https://www.econbiz.de/10013092047