Posts from July 2020

OBLB categories

  • Financial Regulation
31 Jul 2020
6 min to read

The conflict concerning data sharing under PSD2 and obtaining consent to share such data under GDPR

Dilja Helgadottir

The changes in the EU’s legislative framework concerning payment services have opened the way to a new era of payments in Europe. While the Payment Service Directive 2015/2355/EC (PSD2) is intended...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • Financial Regulation
30 Jul 2020
2 min to read

Crowdfunding and the Protection of Trust – Fundamentals and Comparative Law Considerations

Tizian Troxler

In my latest research contribution, I analyse the regulatory framework of crowdfunding in Switzerland, the UK and the USA. After describing crowdfunding and its potential as an alternative means to...
Featured

OBLB categories

  • Financial Regulation
29 Jul 2020
3 min to read

At the Early Dawn of the Modern Regulation of Financial Markets: The Villainy of Stock-Jobbers (1701) and The Anatomy of Exchange Alley (1719) by Daniel Defoe

Filippo Annunziata

In the same year Robinson Crusoe (1719) is delivered to the press, Defoe publishes a truly magnificent pamphlet (titled ‘The Anatomy of Exchange Alley: or a System of Stock Jobbing’) in which he...

OBLB categories

  • Commercial Law
28 Jul 2020
5 min to read

To Ban or Not to Ban: A Data Protection Alternative to the Indian Ban of 106 Chinese Apps

Gargi Rohi | Samraat Basu

The Indian Government recently banned 106 mobile applications of Chinese origin. These apps include TikTok, WeChat, CamScanner and Mi Video Call Xiaomi among others (the ‘Banned Apps’). Further,...

OBLB categories

  • Commercial Law
27 Jul 2020
2 min to read

Dynamics of Change in Corporate Insolvency

Virginia Torrie

Cycles of legal change seldom begin with a 'clean slate'. A myriad of factors, ideas, institutions and interest groups may come together to influence legal changes in a virtually infinite number of...

OBLB categories

  • Commercial Law
  • Financial Regulation
24 Jul 2020
4 min to read

Blockchain—Not Bitcoin—Represents the Next Step in Financial Evolution and Beyond

Seth C. Oranburg | Joseph R. Stead

In a direct response to the 2008 global financial crisis, someone using the pseudonym Satoshi Nakamoto published a white paper discussing Bitcoin, a novel method for transmitting value without an...

OBLB categories

  • COVID-19
  • Corporate Governance
23 Jul 2020
4 min to read

The Climate Imperative - How to Prevent the Health Pandemic Becoming a Dress Rehearsal for a Deeper Crisis

Scott Atkins | Kai Luck

The COVID-19 pandemic and climate change risks share many of the same characteristics, both in terms of their impact and why they have caught so many off-guard. Addressing climate risk is not a...

OBLB categories

  • Financial Regulation
22 Jul 2020
3 min to read

Fintech Startups and Incumbent Players Series - Why Regulating Fintech Requires a Fundamental Shift in How We Regulate Finance

Saule Omarova

The rise of fintech in the last decade is often described as a ‘revolution’ in finance. It is not hard to see why that is. New digital technologies and advances in data analytics are transforming the...

OBLB categories

  • Corporate Governance
21 Jul 2020
3 min to read

Gender Diversity in the Pakistani Corporate Boardroom

Rafae Saigal

The World Economic Forum recently ranked Pakistan third-last in terms of economic participation and opportunity for women. Despite making up 49% of Pakistan’s overall population, the participation...

OBLB categories

  • Commercial Law
20 Jul 2020
1 min to read

Key Legal and Policy Considerations in Venezuela’s Potential Debt Restructuring and Economic Recovery Efforts

Steven T. Kargman

Venezuela is currently facing a grave humanitarian crisis along with a major economic and financial crisis. Venezuela has been in default on its debt for two-and-a-half years, and it has a huge debt...

OBLB categories

  • Commercial Law
17 Jul 2020
5 min to read

COVID-19 and Beyond: How Blockchain Technology Can Serve a Critical Role in Pandemic Preparedness and Response

Jane Thomason | Urszula McCormack

In the early stages of COVID-19, rapid responses in targeted locations were appropriate. However, global systemic crisis considerations grew exponentially in tandem with the virus itself. Despite...
Featured
16 Jul 2020
1 min to read

From the OBLB: Thank you for one million unique page views!

OBLB Editors

The Oxford Business Law Blog recently reached one million unique pageviews! Since its launch in March 2016, the OBLB has rapidly grown to become a leading forum for the exchange of ideas and...

OBLB categories

  • COVID-19
  • Financial Regulation
16 Jul 2020
3 min to read

After Libra, the Digital Yuan and COVID-19: Central Bank Digital Currencies and the New World of Money and Payment Systems

Douglas W. Arner | Ross Buckley | Dirk A. Zetzsche | Anton Didenko

Three catalysts are currently causing a fundamental reorientation of domestic and international monetary and payment systems: Facebook’s Libra, China’s central bank digital currency (the Digital...
Featured

OBLB categories

  • Commercial Law
15 Jul 2020
4 min to read

Free Speech, Domain Names, and Trademarks: Reinforcing The Narrow Objectives of the Uniform Dispute Resolution Policy

Monika Zalnieriute

Given the prevalence of platforms online, one could be forgiven for thinking that the ownership of domain names, such as apple.com, have become obsolete. However, as a recent battle between the...

OBLB categories

  • Corporate Finance
  • Corporate Governance
  • Financial Regulation
14 Jul 2020
3 min to read

The Nascent Primary Market of Security Token Offerings

Thomas Lambert | Daniel Liebau | Peter Roosenboom

The years 2017 and 2018 saw an influx of ventures raising substantial amounts of money through initial coin offerings (ICOs). The Ethereum blockchain greatly facilitated the spectacular surge of ICOs...

OBLB categories

  • Financial Regulation
13 Jul 2020
5 min to read

Sustainability is No Longer in the Eye of the Beholder: An Overview of the Taxonomy Regulation

Arnaud Van Caenegem

Funds that took due account of environmental, social and governance (ESG) factors in their investment strategies generally outperformed their conventional counterparts during the COVID-19 pandemic...

OBLB categories

  • Financial Regulation
10 Jul 2020
4 min to read

Closing Borders? UK Follows Italy’s CONSOB in Unprecedented Inbound MiFID II Passport Removal

John Ahern | Nikesh Pandit

The UK Financial Conduct Authority (FCA) has taken action to stop four Cypriot investment firms from continuing to offer contracts for difference (CFDs) to UK investors. The action marks the first...

OBLB categories

  • Financial Regulation
09 Jul 2020
4 min to read

ResTech: Innovative Technologies for Resolution

Giuseppe Loiacono | Alessandro Mazzullo | Edoardo Rulli

The increasing use of financial technologies (FinTech) by market participants has fostered a discussion among public authorities on the use of similar technologies for regulatory (RegTech) and...
Featured

OBLB categories

  • Financial Regulation
08 Jul 2020
2 min to read

Fintech Startups and Incumbent Players Series - Bank-Fintech Partnerships, Outsourcing Arrangements, and the Case for a Mentorship Regime

Luca Enriques, Faculty of Law | Wolf-Georg Ringe, Faculty of Law

Fintech firms, once perceived as ‘disruptors’ of the traditional banking industry, are now increasingly seen as attractive partners for established financial institutions. Partnership arrangements...

OBLB categories

  • Commercial Law
07 Jul 2020
5 min to read

Invalidity of a Solo Run for the ‘Sole Arbitrator’ under the Indian Arbitration Act

Pareekshit Bishnoi

The notion of independence and impartiality of the adjudicators, be it in the identity of judges or arbitrators, is a hallmark of any adjudicatory process. Nemo iudex in causa sua, meaning that no...

OBLB categories

  • Competition/ Antitrust
  • Corporate Governance
  • Financial Regulation
07 Jul 2020
4 min to read

Margins: Estimating the Influence of the Big Three on Shareholder Proposals

Caleb Griffin

The Big Three index funds—Vanguard, BlackRock, and State Street—play an increasingly important role in proxy voting. Their influence derives from the fact that under US law, as well as that of many...

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