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  • Corporate Governance
  • Financial Regulation
18 Jun 2020
3 min to read

Bail-in beyond Unpredictability: Creditors’ Incentives and Market Discipline

Edoardo Martino

Resolution of distressed banks represents one of the major cornerstones of the post-crisis financial regulation. It should let shareholders and long-term unsecured (bail-inable) creditors bear the...

OBLB categories

  • Commercial Law
  • Corporate Governance
16 Jun 2020
2 min to read

Insolvency Law in Emerging Markets

Aurelio Gurrea Martínez

Corporate insolvency law can serve as a powerful mechanism to promote economic growth. Ex ante, a well-functioning insolvency framework can facilitate entrepreneurship, innovation and access to...

OBLB categories

  • COVID-19
  • Financial Regulation
15 Jun 2020
3 min to read

Pandemic Crisis and Financial Stability

Christos V. Gortsos

The recent e-book on Pandemic Crisis and Financial Stability, which was published by the European Banking Institute (EBI) and which I co-edited with Georg Ringe (Hamburg University) contains as...
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OBLB categories

  • Commercial Law
15 Jun 2020
3 min to read

A Milestone in China’s Civil Law System: the Passage of its First Civil Code

Mimi Zou, St Hugh's College

The long-awaited legislative promulgation of the Civil Code of the People’s Republic of China (PRC) on 28 May 2020 is widely perceived as a historical milestone in the evolution of the country’s...

OBLB categories

  • Commercial Law
  • Competition/ Antitrust
12 Jun 2020
3 min to read

Modernizing German Patent Law: Toward an explicit obligation for proportionality control of injunctions?

Luc Desaunettes-Barbero | Reto Hilty | Daria Kim | Matthias Lamping | Peter R. Slowinski | Hanns Ullrich

Just over ten years after the last amendment to the German Patent Act, the German Federal Ministry of Justice and Consumer Protection submitted a discussion draft at the beginning of this year that...

OBLB categories

  • Financial Regulation
11 Jun 2020
3 min to read

The European Central Bank’s Pandemic Emergency Purchase Programme—Legal or Not?

Sebastian Grund

On 18 March 2020, the European Central Bank (ECB) announced a EUR750 billion bond purchase programme called Pandemic Emergency Purchase Programme (PEPP) to address the economic and financial fallout...
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OBLB categories

  • Corporate Governance
11 Jun 2020
4 min to read

Can a Broader Corporate Purpose Redress Inequality? The Stakeholder Approach Chimera

Matteo Gatti | Chrystin Ondersma

Well before the Covid-19 pandemic, policymakers and scholars were focused on the debate over corporate purpose and the fragility of an economic system marked by stagnation and runaway inequality. As...

OBLB categories

  • Financial Regulation
10 Jun 2020
3 min to read

Which Companies Crowdfund?

Andrew A. Schwartz

The US JOBS Act and Regulation Crowdfunding were intended to create a new and inclusive type of online capital market where all entrepreneurs, regardless of their physical location, gender, or...
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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

  • 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

  • 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

  • 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

  • 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

  • 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
  • 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

  • Financial Regulation
21 May 2020
3 min to read

Fintech Startups and Incumbent Players Series - Pro-competitive regulation and consumer inertia in the face of Open Banking

Oscar Borgogno | Giuseppe Colangelo

The increasing pace of FinTech development has triggered a worldwide race among policy makers to overhaul their own regulatory landscape in order to be as innovation friendly as possible...

OBLB categories

  • Corporate Governance
21 May 2020
4 min to read

Limiting Shareholder Power in Dutch Listed Companies

Bastiaan Kemp | Philippe Hezer | Sebastian Renshof

The default division of powers in Dutch company law allocates strong control rights to shareholders, including the power to appoint and dismiss board members and amend the articles of association...

OBLB categories

  • COVID-19
  • Corporate Governance
20 May 2020
6 min to read

A Firm-Specific View of Directors' Duty of Care in Times of Global Epidemic Crisis

Leon Yehuda Anidjar

With over 2 million confirmed cases of the COVID-19 worldwide, companies around the world are faced with severe loss of revenues and disrupted supply chains due to industry shutdowns and restrictions...

OBLB categories

  • COVID-19
  • Commercial Law
18 May 2020
4 min to read

Singapore Acts to Temporarily Suspend the Enforcement of Certain Contracts During the Economic Storm Caused by the Coronavirus Outbreak

Alexander Loke

Extraordinary circumstances attract extraordinary measures. The COVID-19 (Temporary Measures) Act passed by the Singapore Parliament on 7 April 2020 will stand out as one such measure in these...

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