Company Law

Working Paper

09 June 2020

Mandatory Arbitration of Intra-Corporate Disputes in Brazil: A Beacon of Light for Shareholder Litigation?

We survey law firms, firms and institutional investors to better understand their preferred method of intracorporate dispute resolution in Brazil. Consistent with a number of theories, we find that these organizations prefer...

Patricia Gil Lemstra | Joseph McCahery
24 September 2020

Implementation of the SRD II Provisions on Related Party Transactions

In 2017 the European Union adopted amendments to the Shareholder Rights Directive enacted a decade earlier. Among the changes was a new Article 9c dealing with the topic of related party transactions (RPT). This paper analyses how that...

Paul Davies | Susan Emmenegger | Guido Ferrarini | Klaus Hopt | Adam opalski | Alain Pietrancosta | Andrés Recalde | Markus Roth | Michael Schouten | Rolf Skog | Martin Winner | Eddy Wymeersch
21 October 2020

Making the Case for a Rome V Regulation on the Law Applicable to Companies

There is significant legal variation and uncertainty in the conflict of laws rules applicable to companies in the EU. While the case law of the Court of Justice on the freedom of establishment has clarified some questions, it is evident...

Carsten Gerner-Beuerle | Federico Mucciarelli | Edmund Schuster | Mathias Siems
10 December 2019

Controlling Shareholders in the Twenty-First Century: Complicating Corporate Governance Beyond Agency Costs

By the end of the twentieth century, the then-dominant literature on “law and finance” assumed that concentrated ownership was a product of deficient legal systems that did not sufficiently protect outside investors. At the same...

Mariana Pargendler

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