Oxford Business Law Blog

Judges, legislators, corporate practitioners, and scholars of business law all conduct their work based on some working conception of what “corporate law” is. Strangely, however, the question of what...

A basic distinction within the law of contractual remedies is between remedies aiming to compel promisors to perform the very thing they have undertaken to do—to deliver goods, to convey real...

The ‘Report on Improving Corporate Governance in Hong Kong’, published by the Hong Kong Institute of Certified Public Accountants on 2 May 2018, assesses the strengths and weaknesses of Hong Kong’s...

Examiners in US Chapter 11 bankruptcy procedures are usually appointed to conduct investigations. Recent reform proposals, such as the American Bankruptcy Institute (ABI) Reform Proposal, have...

Introduction Institutional investors (and among these, investment funds) play a key role in financial markets' development. They represent the world's largest source of equity capital, contribute to...

Bitcoin stands like no other cryptocurrency for the profound transformation of financial markets in the digital economy. While the last few months saw the free trade in goods struggle against trends...

In the past years, several companies, such as Google, Linkedin, Facebook, and Alibaba, went public with dual-class share structures, that is, share structures that typically include two classes of...

The last few decades have seen a global expansion and transformation of both trust law and trust practice. The trust, a legal institution once unique to England and its erstwhile colonies, has now...

Cross-border insolvency law scholars have devoted much attention to theoretical questions of international system design. There is a general consensus in the literature that the ideal system would be...

The International Insolvency Review (IIR) recently published my paper ‘From “Prisoner’s Dilemma” to Reluctance to Use Judicial Discretion: The Enemies of Cooperation in European Cross-Border Cases’...

Many business and financial transactions in Latin America are designed through business trusts (‘fideicomiso’). The Latin American trust is generally used for different business purposes, including...

The duty to act in good faith in the interests of the company (now the duty to promote the success of the company in s 172 Companies Act 2006 (UK)) is the central fiduciary duty of company directors...

In a recent paper of mine, I conduct a comparative analysis on the general frustration rule with reference to two legal systems – Germany and Hong Kong. When considering how to deal with changed...

Recent developments in European company law and capital market law have heralded a break with the traditional perception in company law that shareholders have no duties when they invest in companies...

An existential (but problematic) question in company law relates to the very purpose for which companies are incorporated and managed. Are companies to be run solely for the purpose of maximizing the...

Swiss corporate governance, which according to legal origin theory should belong to a civil law system, is characterized by diffused corporate ownership, weak labour protection, and radical...