Showing 1 - 10 of 8,285
Persistent link: https://www.econbiz.de/10003450089
Persistent link: https://www.econbiz.de/10009574819
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
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
Persistent link: https://www.econbiz.de/10002900531
Persistent link: https://www.econbiz.de/10001693189
Persistent link: https://www.econbiz.de/10001904358
Persistent link: https://www.econbiz.de/10001654389
problems result. Replacing the current claims doctrine with derivative doctrine (IIA forms of derivative actions, class actions … thus decrease the perceived unfairness and inconsistency of the current system. In addition, derivative doctrine would …. Adopting derivative doctrine could avert a future crisis, similar to the one currently threatening IIA, in international …
Persistent link: https://www.econbiz.de/10012975406