As interest in art as an alternative asset class has grown in recent years so has the emergence of art investment vehicles. These vehicles seek to capitalize on the inherent inefficiencies of the art market and provide the potential to identify, create and execute transactions in works of art at...

The word “Mifidization” refers to the impact of the EU regulation on financial products, mainly the rules laid down by MiFID II, to the insurance sector and more specifically with regard to life insurance. The paper explores four areas of the insurance framework that are likely to be...

Brexit is likely to lead to the relocation of UK financial services firms to the EU in order to be able to access EU markets, mainly through the EU passport. The same applies to the EU firms intending to be active on the UK markets. The access conditions to the EU markets are numerous and...

Deciding between mandatory and/or default rules (or as they are also called: eligible law, enabling rules, optional rules, legal menus, rules allowing contracting around, fallback provisions, and dispositives Recht) is a fundamental choice for the law. To what degree do legislators, courts,...

Section 913 of the Dodd-Frank Act requires the U.S. Securities and Exchange Commission to conduct a study regarding gaps or deficiencies in the regulation of broker-dealers and investment advisers. These firms often perform similar functions but are regulated differently under an antiquated...

France and Europe are at the forefront of ESG regulation. They have taken steps that go far beyond mere reporting requirements, aiming at designing a new capitalism. This will have significant consequences for European companies, but also for non-European companies doing business in Europe, as...

This Article analyzes the way federal courts have conducted their superiority inquiries on motions for class certification in transnational class actions. Opt-out class actions under Rule 23(b)(3) conflict with an important premise of legal systems around the world, namely, that one cannot be...

Since 2011, the European legislator has taken a new course of action on business failure and insolvency. For a long time, substantive harmonisation was considered unfeasible in the area of insolvency law, however, the developments over the past years have shown that the EU is committed to...