What is a good and effective creditor protection system? Can a creditor protection system, understood as a variety of mechanisms employed jointly or individually to protect the interests of creditors, deliver for all creditors, or are there different systems of creditor protection needed for...

When examined as financial intermediaries - as capital market institutions - the questions asked of pension funds are predominately about their function in relation to their ultimate - if altogether estranged - beneficiaries. A more recent group of questions revolves around the role of these...

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...

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...