This article discusses the extent to which rule of law principles have been embraced within the language, principles and practice of China’s Company Law. The paper discusses different understandings of the rule of law that are to be found in the wider literature. Whilst China has affirmed the...

In this Chapter, we briefly survey the common law's adventures with creditor protection over the course of American history with a special focus on Delaware, the most important jurisdiction for corporate law. We examine the evolution of the equitable doctrines that judges have used to answer a...

This article discusses the importance of European company law for intra-EU investments after the recent decision of the CJEU in Achmea. In Achmea, the CJEU examined bilateral investment treaties (BITs) concluded between EU Member States in the light of EU law. More specifically, the CJEU...

This paper considers the operation of s 1324(10) of the Corporations Act (Cth), a section which closely resembles the more general Lord Cairns' Act provisions, and provides for damages in lieu of an injunction. It charts how s 1324(10) has developed very differently from the general Lord Cairns'...

Large businesses are often organized into a complicated web of interrelated corporations. Yet in many areas of U.S. law, jurisdictional and substantive rules focus only on the single entity, creating a mismatch between legal doctrine and the organization of business into corporate groups or...

Brazil is one of the world's largest emerging markets, with many opportunities for development. Persuading financiers to commit funds to Brazilian firms requires effective corporate and securities laws to facilitate ‘arm's length' contracting. Enforcement of these laws is problematic....

This chapter provides an overview and analysis of the most important company law decisions in Singapore in 2009. More specifically, the chapter considers the developments in the following areas of Singapore company law: lifting the corporate veil, breaches of fiduciary duties, shareholders'...

How does corporate law matter? This Article provides a new perspective on the longstanding question by suggesting that the main impact of corporate law is not in imposing sanctions, but rather in producing information. The process of litigation or regulatory investigations produces information...

This study examines the effect of litigation risk and litigation costs on firms' credit ratings and debt financing. The results show that litigation affects a firm's creditworthiness and debt costs in two stages. Before a lawsuit filing, firms at higher risk of litigation have lower credit...