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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...
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  • Brexit
  • Commercial Law
  • Corporate Finance
  • Corporate Governance
  • Financial Regulation
22 May 2019
1 min to read

Introducing the Centros@20 Series

Horst Eidenmüller, St Hugh's College | Luca Enriques, Faculty of Law

This post introduces the ‘Centros@20 Series’, a special series of posts based on contributions to the ‘Centros and European Company Law: Twenty Years of Living Dangerously’ conference that took place...

OBLB categories

  • Commercial Law
15 May 2019
8 min to read

Summary of the AI in English Law Conference (18-19 March 2019)

Ewart Keep, Department of Education

The AI and English Law Launch Conference, hosted at the University of Oxford on the 18th-19th March, introduced themes, issues and questions on the potential and limitations of using artificial...

OBLB categories

  • Commercial Law
26 Apr 2019

Opening Pandora’s Box with Caution: WTO Hands down Guidance on Art. XXI GATT

Serhii Lashyn

Art. XXI of the GATT establishes one of the exceptions to the rules of the multilateral trading system. Named a ‘security’ exception, this provision is most frequently invoked to justify trade...

OBLB categories

  • Brexit
  • Commercial Law
  • Financial Regulation
24 Apr 2019

Brexit: What does Temporary Permissions Regime mean for EEA firms?

Mete Feridun

In March 2018, the UK and the EU reached an agreement on the terms of an implementation period following the UK’s withdrawal from the EU (Brexit). But in the case of a ‘no-deal Brexit’, ie, if there...

OBLB categories

  • Commercial Law
  • Financial Regulation
16 Apr 2019

LSE Conference on Technology in Finance, Law and Regulation

Eva Micheler | Jon Danielsson

This conference explores the use of technology in financial markets from the perspectives of finance, law and regulation. The event covers payment systems, cryptocurrencies and property law, digital...

OBLB categories

  • Commercial Law
  • Corporate Governance
01 Apr 2019

A comprehensive reform of insolvency law in Italy

Renato Mangano

A comprehensive reform of insolvency law has been enacted in Italy. This includes inter alia provisions on early warning mechanisms, pre-insolvency and insolvency out-of-court procedures and plan...
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OBLB categories

  • Brexit
26 Mar 2019

A View from the Edge

Andrew Dickinson, St Catherine's College

Brexit is a joyless kaleidoscope. With every twist, a different, complex pattern emerges, but the permutations are endless. The politicians wrestle for control of the mechanism, each with his or her...

OBLB categories

  • Commercial Law
25 Mar 2019

Puzzling Priorities: Harmonisation of European Preventive Restructuring Frameworks

Anne Mennens

The last week of March 2019 will be of unparalleled suspense for the European (cross-border) insolvency community. Only one day before the originally planned Brexit date, the European Parliament will...

OBLB categories

  • Corporate Governance
21 Mar 2019

Are we Board-Ready for Blockchain and AI?

Jason Fu

Blockchain and artificial intelligence (AI) are often referenced as key developments for the boardrooms of the future. An increasing amount of academic literature is being produced to examine the...

OBLB categories

  • Commercial Law
  • Competition/ Antitrust
07 Mar 2019

OBLB Book Release: Autonomous Systems and the Law (C.H. Beck/ Nomos 2019)

Oxford Business Law Blog

Autonomous Systems and the Law (C.H. Beck/Nomos 2019) by Nikita Aggarwal, Horst Eidenmüller, Luca Enriques, Jennifer Payne, and Kristin van Zwieten (eds) is a collection of papers dealing with the...

OBLB categories

  • Commercial Law
  • Corporate Finance
07 Mar 2019

Bankruptcy for Banks: A Tribute (and Little Plea) to Jay Westbrook

David Skeel

For the past several years, the US Congress has been considering various versions of a legislative reform that would amend the Bankruptcy Code to facilitate the prompt reorganization of systemically...

OBLB categories

  • Commercial Law
04 Mar 2019

Clothing Investor-State Arbitration with EU Legitimacy: AG Bot in Opinion 1/17

Konstantina Georgaki, New College

In 2018, the ruling of the Court of Justice of the European Union (CJEU or Court) in Achmea (C-284/16) shook the world of investment arbitration to the core. By contrast to Advocate General (AG)...

OBLB categories

  • Corporate Finance
  • Financial Regulation
22 Feb 2019

New proposed FCA rules on shareholder engagement

Tim Lewis | Jane Tuckley | Phil Bartram | Stephanie Biggs

The EU Revised Shareholder Rights Directive (SRD II) is currently required to be implemented by 10 June 2019. It seeks to encourage long-term shareholder involvement through increased transparency...

OBLB categories

  • Commercial Law
20 Feb 2019

Plessers: The ECJ on Employee Protection in the Belgian Insolvency Landscape

Frederik De Leo

On 23 January 2019, Advocate General Szpunar delivered his opinion in Plessers, a case before the European Court of Justice that concerns the protection of employees in a Belgian insolvency...

OBLB categories

  • Brexit
  • Competition/ Antitrust
  • M&A
17 Jan 2019

Merger Control in a 'No Deal' Brexit

Wachtell, Lipton, Rosen & Katz

With the UK’s planned exit from the European Union on March 29, 2019 looming and the likelihood of an exit without a withdrawal agreement (a so-called 'No Deal' Brexit) increasingly probable, merging...

OBLB categories

  • Commercial Law
19 Dec 2018

The Rule in Gibbs, or How to Protect Local Debt from a Foreign Discharge

Stephan Madaus

The Gibbs Rule is back in the global spotlight. This English common law rule dates back to a decision in Anthony Gibbs & Sons v La Societe Industrielle et Commerciale des Metaux issued in 1890...
18 Dec 2018

ICYMI–Report of the Conference on European Restructuring and Insolvency Law (CERIL)

OBLB Editors

The Conference on European Restructuring and Insolvency Law (CERIL) published a report on ‘Cross-border Restructuring and Insolvency post-Brexit’ on 12 December 2018. The report highlights the...

OBLB categories

  • Competition/ Antitrust
18 Dec 2018

Competition, Market Power and Third-Party Tracking

Ariel Ezrachi, Pembroke College | Viktoria Robertson

The online digital economy has benefitted us with waves of innovation, transforming the way we search, shop, communicate and consume information. Be it on our computer, tablet or mobile device, the...

OBLB categories

  • Commercial Law
14 Dec 2018

Shareholder Consent for Bankruptcy Filing

Mark A. Cody | Mark G. Douglas

In a highly anticipated decision, the U.S. Court of Appeals for the Fifth Circuit affirmed a U.S. bankruptcy court order dismissing a chapter 11 case filed by a corporation (once one of the largest...

OBLB categories

  • Commercial Law
  • Financial Regulation
12 Dec 2018

Cryptocurrency Transactions: Immutable but not Irreparable

Grygoriy Pustovit

It is often said that transactions made on the blockchain are immutable: once the transaction is done, it is done. And in principle they are indeed immutable. Aside from security breaches, changes to...

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