In this contribution we explore the possibilities and use of mediation clauses in bye-laws. We first explore the concept of mediation, the many definitions and different styles and approaches and define what we consider mediation in its strict sense. We then explore the use and practice of...

Dispute boards (DBs) are becoming increasingly well-known around the world as a means of managing conflict so as to avoid disputes on construction projects. However, there has been little discussion of the role that lawyers can play in relation to DBs. This article seeks to fill this gap

The recent economic crisis compels us to think how to avoid other future disasters. Since averting misconducts is more cost-effective than punishing them - due to the global social costs and the difficulties of restoring damages when the social harm has already occurred - regulation and legal...

Our chapter concerns how legal process can lead to efficient policies for fostering innovation and growth. Future innovation will depend at least as much on how laws are made as on a priori analyses of the optimal content of those laws. Of particular importance is whether U.S. choice of law and...

This essay revisits the economic theory of fiduciary law. Nearly two decades have passed since the publication of the seminal economic analyses of fiduciary law by Cooter and Freedman (1991), and by Easterbrook and Fischel (1993), which together have come to underpin the prevailing economic,...

After investigating the nature, under the Italian Constitution, of the Italian Freeze-Out Rule ("IFOR") for listed corporations (controlling shareholder's right to compulsorily acquire minority shares), the work develops an analysis - under an Italian existing-law and law-making perspective, as...

In their book, The Law Market, Erin O'Hara and Larry Ribstein show that states increasingly act as hawkers of legal rules in a market for law where people and firms often can shop for those regimes that they find most desirable. This market helps deal with a world in which increasing mobility...

When a company becomes subject to winding-up proceedings, it is widely thought to lose beneficial ownership of its property. The property is held, instead, on a 'statutory trust' to discharge the company's liabilities. The attribution of this 'proprietary' effect to the commencement of...

This conference paper suggests that the problem of corporate ethics cannot be reduced to the autonomous person. Although the greatest influence on action and choice is one's moral constitution, it does not follow that the agent's behavior is the same within or without the firm. Ethics is a...

Since 1994, Asset Securitization, basically the present sale of future rights, has become quite common in Argentina. Most corporate law firms have advised clients on Asset Securitization transactions; however, not many attorneys and business persons know much about the mechanics of it. In this...