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We survey law firms, firms and institutional investors to better understand their preferred method of intra-corporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer arbitration to judicial claims as the method of intra-corporate...
Persistent link: https://www.econbiz.de/10012838053
In its seventh personal jurisdiction decision since 2011, the Supreme Court in Ford Motor Co. v. Montana Eight Judicial District Court ruled for the plaintiff and found jurisdiction, after six straight victories for defendants. All eight of the participating Justices found the "minimum contacts"...
Persistent link: https://www.econbiz.de/10013300805
Multi-party litigation refers to different legal mechanisms that facilitate groups of litigants with similar causes of action to bring consolidated legal claims to court. The rise of collective action regimes around the world reflects a trend in civil litigation which offers an alternative to...
Persistent link: https://www.econbiz.de/10014264232
Within the past decade, the EU has made significant steps in strengthening and harmonising the legal framework of capital markets. Despite passing and amending secondary legislation on this topic, it only partially addressed the issue of enforcement, leaving private enforcement an issue for its...
Persistent link: https://www.econbiz.de/10014261793
China’s geopolitical ambitions give rise to risks that government agencies and the businesses they regulate need to address. In particular, Military-Civil Fusion (MCF), a whole-of-government legal and administrative machinery created by the Chinese Communist Party (CCP), aims to give China’s...
Persistent link: https://www.econbiz.de/10013251620
The corporate governance literature usually refers to the U.S. enforcement superiority to explain the premium that foreign firms experience when cross-listing in U.S. stock exchanges. This paper casts doubt on this hypothesis by analyzing two comparative case-studies of private and public...
Persistent link: https://www.econbiz.de/10013028804
Many legal systems have been converging toward a US shareholder-centric model of corporate law and governance. This includes de jure rules relating to derivative enforcement. Despite convergence of the UK system towards the US model, each system continues to diverge as regards levels of...
Persistent link: https://www.econbiz.de/10012836898
This paper considers the ramifications of the landmark US Appeals Court decision in USA v Connolly & Black (decided … of USA v Hayes & Darin, on the basis that the Connolly & Black decision “implicates the theory charged in this [Hayes …
Persistent link: https://www.econbiz.de/10014256076
This paper analyses the role of third parties in the enforcement of the Foreign Subsidy Regulation (FSR). It focuses on …
Persistent link: https://www.econbiz.de/10014356713
Persistent link: https://www.econbiz.de/10012964835