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OBLB categories

  • COVID-19
  • Commercial Law
24 Jun 2020
3 min to read

What is an Arbitration? Artificial Intelligence and the Vanishing Human Arbitrator

Horst Eidenmüller, St Hugh's College | Faidon Varesis

Within the universe of Alternative Dispute Resolution (ADR), arbitration enjoys a prominent status. If the disputing parties need a binding decision, but do not want to go to court, arbitration is...

OBLB categories

  • COVID-19
  • Commercial Law
  • Financial Regulation
08 Apr 2020
7 min to read

A Response to Eidenmüller’s Defense of Regulatory Competition in the Fight against COVID19

Marco Ventoruzzo

In a recent post on the OBLB, Horst Eidenmüller argues that it is (or might be) desirable that states put forward different regulatory responses—for example with respect to containment measures—to...
Featured

OBLB categories

  • COVID-19
  • Commercial Law
  • Financial Regulation
31 Mar 2020
8 min to read

The Race to Fight COVID-19: On the Desirability of Regulatory Competition

Horst Eidenmüller, St Hugh's College

Jurisdictions worldwide struggle with the COVID-19 pandemic. The two key policy goals are, first, to contain the spread of the virus to protect lives and, second, to minimize the damage to the...
Featured

OBLB categories

  • Corporate Finance
  • Corporate Governance
03 Feb 2020
5 min to read

Blockchain Startups and Prospectus Regulation

Dmitri Boreiko | Guido Ferrarini | Paolo Giudici

Is the distinction between cryptocurrencies, coins, stablecoins, utility tokens, security-like tokens really so important in order to assess whether prospectus regulation should be applied to utility...

OBLB categories

  • Commercial Law
  • M&A
26 Nov 2019
4 min to read

Abuse of Companies through Choice of Incorporation?

Martin Gelter | Lécia Vicente

Can the choice of place of incorporation constitute an abuse of the corporate form? The case law of the Court of Justice of the European Union (CJEU) is telling for it spells out the Court’s...
Featured

OBLB categories

  • Financial Regulation
22 Oct 2019
4 min to read

Welcome to Vilnius: Regulatory Competition in the EU Market for E-Money

Luca Enriques, Faculty of Law

If you google ‘Lithuania e-money’, the auto-fill function will suggest that you search for ‘Lithuania e-money license’. If you accept the tip, the first result will be Ecovis, which describes itself...
Featured

OBLB categories

  • Brexit
  • Corporate Finance
30 Sep 2019
3 min to read

Centros@20: Making Legal Capital Relevant. Some Comments on Eilis Ferran’s ‘Revisiting Legal Capital’

Gerard Hertig

In her article ‘Revisting Legal Capital’, summerised in this blog post, Eilis Ferran posits that recent ‘reconceptualisation of the corporation’ proposals pave the ground for bold new regulatory...

OBLB categories

  • Corporate Finance
  • Corporate Governance
30 Sep 2019
4 min to read

Startups and Company Law: The Competitive Pressure of Delaware on Italy (and Europe?)

Paolo Giudici | Peter Agstner

Our paper on startups shows that European company law is still anchored to last century ideas about growth and economic development. We hope that the Italian experience and our proposals can be of...

OBLB categories

  • Corporate Governance
10 Sep 2019
4 min to read

Centros@20 Series: Centros and Defensive Regulatory Competition

Martin Gelter

Centros and the cases following it had a profound transformational effect on European company law. While it has so far not resulted in fully-fledged regulatory competition for publicly traded...
Featured

OBLB categories

  • Brexit
  • Corporate Governance
18 Jul 2019
2 min to read

Centros@20 Series: The Rise and Fall of Regulatory Competition in Corporate Insolvency Law in the European Union

Horst Eidenmüller, St Hugh's College

In a recent paper, I discuss the rise and fall of regulatory competition in corporate insolvency law in the European Union. The rise is closely associated with the European Insolvency Regulation (EIR...

OBLB categories

  • Corporate Governance
12 Jul 2019
2 min to read

Centros@20 Series: Regulatory Competition in European Company Law. Where Do We Stand Twenty Years after Centros

Stefano Lombardo

The twentieth anniversary of the important judgment of the European Court of Justice (ECJ) in the Centros case of 9 March 1999 is an opportunity to reassess its impact on developments of freedom of...
Featured

OBLB categories

  • Corporate Governance
10 Jul 2019
4 min to read

Centros@20 Series: Two Comments on Elizabeth Pollman’s 'Tech, Regulatory Arbitrage, and Limits'

Luca Enriques, Faculty of Law

In a paper to be published in European Business Organization Law Review’s special issue on Centros@20 (summarised here), Elizabeth Pollman provides an answer to the questions of why we don’t see more...

OBLB categories

  • Corporate Finance
10 Jun 2019
3 min to read

Centros@20 Series - The Legacy of Centros: Lessons learned from debt restructuring

Jennifer Payne, Merton College

Debt restructuring is an issue that has come to prominence in the twenty years since Centros, in large part due to the difficulties faced by companies in the aftermath of the 2007-08 global financial...

OBLB categories

  • Commercial Law
  • Corporate Governance
  • Financial Regulation
28 May 2019
4 min to read

Centros@20 Series: Centros, California’s 'Women on Boards' Statute and the Scope of Regulatory Competition

Jill Fisch | Steven Davidoff Solomon

It has been twenty years since the European Court of Justice issued its decision in Centros Ltd. v. Erhvervs - og Selskabsstyrelsen (Centros). Since that time, Centros has been widely understood as...

OBLB categories

  • Brexit
  • Commercial Law
  • Corporate Finance
  • Corporate Governance
23 May 2019
12 min to read

Centros@20 Series: Conference Report—'Centros and European Company Law: Twenty Years of Living Dangerously'

Alvaro Pereira

March 2019 marked the twentieth anniversary of the landmark Centros case. It was the first of three judgments in which the (then) European Court of Justice (the Court) affirmed companies’ freedom of...
Featured

OBLB categories

  • Brexit
  • Commercial Law
10 May 2018

Collateral Damage: Brexit’s Negative Effects on Regulatory Competition and Legal Innovation in Private Law

Horst Eidenmüller, St Hugh's College

In a recent article I attempt to assess the consequences of Brexit for English and European private law. More specifically, I am interested in how the level of legal innovation in private law will be...
Featured

OBLB categories

  • Brexit
  • Corporate Finance
  • Financial Regulation
10 Nov 2017

Investor Choice in Global Securities Markets

John Armour, Faculty of Law | Luca Enriques, Faculty of Law | Martin Bengtzen, Faculty of Law

Our recent paper, which forms part of the first phase of the New Special Study of the Securities Markets Project, explores how globalization has affected the operation of securities markets and the...

OBLB categories

  • Commercial Law
  • Corporate Governance
11 Sep 2017

A Harmonized European Company Law: Are We There Already?

Luca Enriques, Faculty of Law

To what extent is EU company law harmonized? In an essay that draws from my pre-EU-referendum inaugural lecture at Oxford (the audio of which can be accessed here) and was recently published in the...

OBLB categories

  • Financial Regulation
15 Jun 2016

Regulatory Arbitrage and the Efficiency of Banking Regulation

Pierre Boyer | Hubert Kempf

It is common to consider that international financial integration weakens the efficiency of banking regulation as national regulatory authorities are involved in a “race to the bottom”, which leads...

OBLB categories

  • Corporate Governance
08 May 2016

Bad Enforcement as a Competitive Asset in Attracting Incorporations

Andrea Zorzi

In the Noughties, Nevada arose as the place in the US for companies seeking a protective environment for directors, officers and members to incorporate. Nevada made a conscious decision to try to...

OBLB categories

  • Financial Regulation
17 Apr 2016

The Evolution of Corporate Law in Canada: Towards Regulatory Competition?

Stéphane Rousseau

In the United States, the impact of regulatory competition on the evolution of corporate law has generated an intense and long lasting debate opposing the “race to the bottom” and “race to the top”...

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