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  • COVID-19
  • Corporate Finance
  • Corporate Governance
  • Financial Regulation
08 Jun 2020
3 min to read

ECGI/GCGC Global Webinar Series – The Differential Health, Economic and Financial Effects of the COVID-19 Crisis and the Impact of the Crisis on Boards of Directors and Regulators

Jennifer Hill

In April 2020, Monash University hosted the first session of the ECGI/GCGC 24 hour global webinar on The COVID-19 Crisis and Its Aftermath: Corporate Governance Implications and Policy Challenges...
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OBLB categories

  • Financial Regulation
08 Jun 2020
4 min to read

Foundations of System-Wide Financial Stress Testing with Heterogeneous Institutions

Doyne Farmer | Alissa Kleinnijenhuis | Paul Nahai-Williamson | Thom Wetzer, Faculty of Law

In a highly connected financial system, seemingly localised shocks can be amplified and propagated to take on systemic importance. During the financial crisis from 2007-2009, problems that started in...

OBLB categories

  • Corporate Finance
  • Corporate Governance
  • Financial Regulation
  • M&A
05 Jun 2020
1 min to read

In Case You Don’t Want to Miss it: ‘Sustainability and Systemic Risk’ – LSE Conference

OBLB Editors

The LSE Systemic Risk Centre will be hosting an online public event via Zoom. The conference is organised by Eva Micheler (LSE Law, SRC), Jon Danielsson (LSE Finance, SRC) and JP Zigrand (LSE Finance...

OBLB categories

  • COVID-19
  • Commercial Law
  • Corporate Finance
  • Financial Regulation
05 Jun 2020
5 min to read

Unlocking Secured Credit: International Ambitions and Domestic Realities

Giuliano G. Castellano | Andrea Tosato

Personal property security law is a crucial element in the complex mosaic of access to credit and financial inclusion. The prevailing view among scholars, policymakers and legislators is that a legal...

OBLB categories

  • Corporate Governance
  • Financial Regulation
04 Jun 2020
4 min to read

Sectoral Provisions and the Directive on the Protection of Whistle-blowers: No to a Complex Relationship?

Dimitrios Kafteranis

In October 2019, the European Union approved the Directive 2019/1937 on the protection of whistle-blowers (the Directive). As analysed in my previous blogpost and, in more detail, in my article ‘A...

OBLB categories

  • Commercial Law
04 Jun 2020
3 min to read

Contractual Innovation in China’s Venture Capital Market

Lin Lin

There is little empirical work examining contractual innovation in the context of China, which is the second largest venture capital market in the world after the United States. Drawing upon...

OBLB categories

  • Financial Regulation
03 Jun 2020
4 min to read

Democratic Illusion and Capitalist Cynicism

Jacques Attali

At a time when increasingly populist leaders rule over a substantial part of the planet, in the rare places where they do not, some citizens are under the illusion that they may regain control over...

OBLB categories

  • Financial Regulation
03 Jun 2020
5 min to read

‘Whatever It Takes’ under the Ultra Vires Scrutiny of the German Constitutional Court

Catharina von Berg

In overruling parts of the CJEU’s judgment on the ECB’s Public Sector Purchase Programme (PSPP) the German Constitutional Court presses for a stricter application of the principle of proportionality...
Featured

OBLB categories

  • 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...

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