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  • Commercial Law
  • Corporate Governance
02 Jun 2020
4 min to read

Using Litigation to Expedite the Clean Energy Transition

Sugandha Srivastav | Ryan Rafaty | Bjorn Hoops

Stretching over an expansive 80 square kilometres, the Hambach mine operated by RWE, one of the largest electricity producers in Germany, is a staggering sight. If there was ever a symbol of mankind’...

OBLB categories

  • Financial Regulation
02 Jun 2020
8 min to read

Why a Recent Judgment by the German Bundesverfassungsgericht Might Introduce Climate Change Considerations into Monetary Policy

Federica Agostini | Elia Cerrato | Nicolas Jaberg

The recent judgement by the German Federal Constitutional Court (‘FCC’) has been widely criticised both for its legal reasoning and for its impact on the EU legal order. Nevertheless, it yields...

OBLB categories

  • Commercial Law
  • Corporate Governance
01 Jun 2020
4 min to read

The Siren Song: Algorithmic Governance by Blockchain

Kevin Werbach

Blockchain and cryptocurrency technologies are stimulating investment, business activity, and media attention, as well as passionate visions of industry disruption and societal transformation. As...

OBLB categories

  • Commercial Law
  • Financial Regulation
01 Jun 2020
5 min to read

The Failed Hopes of Disintermediation: Crypto-custodian Insolvency, Legal Risks and How to Avoid Them

Matthias Haentjens | Tycho de Graaf | Ilya Kokorin

The outbreak of COVID-19 has led to significant limitations on trade and travel, severe economic stress and massive state interventions. This has been reflected in the financial markets and led to...

OBLB categories

  • Corporate Finance
  • Corporate Tax
29 May 2020
4 min to read

Substance over Form and True and Fair View in Accounting Law – New Guidance from the CJEU

Giovanni Strampelli

A recent CJEU decision sheds new light on practical implications of the ‘true and fair view’ principle in accounting law. Wagram Invest (C-640/18) deals with a rather complex accounting issue arising...

OBLB categories

  • Financial Regulation
29 May 2020
6 min to read

Executive Override of Central Banks in the United States and the United Kingdom

Christina Skinner | Michael Salib

What makes a central bank ‘independent?’. As most central bank scholars and policy-makers would likely answer that question, ‘it depends’—it depends on the bank, the function it is performing, and...

OBLB categories

  • Commercial Law
28 May 2020
4 min to read

Can the Adoption of the CISG Save the Commercial Relationship of Parties in India?

Ajar Rab | Siddharth Jain

Commerce cannot thrive if contractual bargains are not enforced by law. Such enforcement has to be predictable, consistent and accessible. The parties need to be reassured that the law will protect...

OBLB categories

  • COVID-19
  • Commercial Law
28 May 2020
2 min to read

Switzerland Temporarily Modifies the Duty to Trigger Insolvency Proceedings During the Covid-19 Pandemic

Luca Kenel

The current restrictions in public life have affected large parts of the economy. In this blog, numerous authors have discussed adjustments to insolvency law during the Covid-19 pandemic in different...

OBLB categories

  • COVID-19
27 May 2020
3 min to read

Exchanging Information in a Time of Social Distancing: Are Video Conferences a Perfect Substitute for Face-to-face Meetings?

Hadar Jabotinsky | Roee Sarel

As the world adapts to life in the shadow of Covid-19, the medium through which human beings communicate is undergoing a drastic change. Due to the social distancing measures adopted by governments,...

OBLB categories

  • Corporate Finance
  • Financial Regulation
27 May 2020
4 min to read

Regulatory Cooperation in Securities Market Regulation: Perspectives from Australia

Jennifer G. Hill

The global financial crisis highlighted the interconnectedness of international financial markets and the risk of contagion it posed. The crisis also emphasised the importance of supranational...

OBLB categories

  • COVID-19
  • Commercial Law
26 May 2020
5 min to read

Insolvency Measures for Covid-19 in New Zealand - A Temporary DIP Model

Akshaya Kamalnath

New Zealand is soon set to join the list of countries that have introduced temporary insolvency measures for ailing companies. New Zealand’s proposed reforms apply to companies and other entities (...

OBLB categories

  • COVID-19
  • Corporate Governance
26 May 2020
5 min to read

The New Geographies of Corporate Law Production

Dionysia Katelouzou | Peer Zumbansen

Writing about the past trajectories and future prospects of corporate law production amidst the COVID-19 crisis presents several challenges, above all with regard to motivation and justification. In...

OBLB categories

  • COVID-19
  • Commercial Law
25 May 2020
7 min to read

Introducing Pre-packs in India - A Useful Tool in Times of COVID-19?

Aparna Ravi

On May 17, 2020, the Indian Finance Minister announced a one-year suspension on the initiation of new proceedings under the Insolvency and Bankruptcy Code 2016 (‘IBC’), stating that an ordinance...

OBLB categories

  • COVID-19
  • Corporate Governance
25 May 2020
8 min to read

GCGC/ECGI Global Webinar Series - Protectionism: A Threat to Corporate Governance

Maribel Sáez | María Gutiérrez

This year, spring has arrived in the midst of a generalized lock-down. People have been—and in many places remain—confined to their homes. Most firms and industries are barely operative. In economic...

OBLB categories

  • COVID-19
  • Commercial Law
22 May 2020
5 min to read

COVID-19: Insolvency Reform Package adopted by the Spanish Government: Duty to File for Bankruptcy and Duty to Promote the Winding-up or Recapitalization of the Company

Jose Gonzalez Vazquez

On April 28, the Spanish Government approved Royal Decree-Law 16/2020 (‘RDL 16/2020’), passing a series of insolvency, refinancing, corporate and procedural measures. The purpose of the legislation,...
Featured

OBLB categories

  • COVID-19
  • Financial Regulation
22 May 2020
4 min to read

Covid-19: No Time for Lawyers

Wolf-Georg Ringe, Faculty of Law

The economic fallout from Covid-19 requires extraordinary efforts from governments and central banks around the globe. Many of these emergency measures are controversial. Legal pitfalls abound, but...

OBLB categories

  • Financial Regulation
21 May 2020
3 min to read

Fintech Startups and Incumbent Players Series - Pro-competitive regulation and consumer inertia in the face of Open Banking

Oscar Borgogno | Giuseppe Colangelo

The increasing pace of FinTech development has triggered a worldwide race among policy makers to overhaul their own regulatory landscape in order to be as innovation friendly as possible...

OBLB categories

  • Corporate Governance
21 May 2020
4 min to read

Limiting Shareholder Power in Dutch Listed Companies

Bastiaan Kemp | Philippe Hezer | Sebastian Renshof

The default division of powers in Dutch company law allocates strong control rights to shareholders, including the power to appoint and dismiss board members and amend the articles of association...

OBLB categories

  • COVID-19
  • Corporate Governance
20 May 2020
6 min to read

A Firm-Specific View of Directors' Duty of Care in Times of Global Epidemic Crisis

Leon Yehuda Anidjar

With over 2 million confirmed cases of the COVID-19 worldwide, companies around the world are faced with severe loss of revenues and disrupted supply chains due to industry shutdowns and restrictions...

OBLB categories

  • COVID-19
  • Financial Regulation
20 May 2020
6 min to read

GCGC/ECGI Global Webinar Series - Short Selling and Short Selling Disclosure in a Pandemic

Joshua Mitts

Even prior to the emergence of COVID-19, global securities regulators were questioning whether short sellers needed to be put on a tighter leash. On December 4, 2019, Japan’s GPIF, the largest...

OBLB categories

  • COVID-19
  • Commercial Law
  • Corporate Finance
  • Corporate Governance
  • Financial Regulation
19 May 2020
6 min to read

Will the Covid Crisis Force us to Reevaluate the Architecture of Banking Law (or Just Expose an Already Occurred Transformation)?

Piergiuseppe Spolaore

From ‘direct controls’ on banks to ‘prudential’ supervision In other times, the decision of a supervisory authority to prohibit dividend distributions to banks’ shareholders would not have made the...

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