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  • 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

  • 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...
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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

  • 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

  • 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
  • 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
  • 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...

OBLB categories

  • COVID-19
  • Corporate Governance
25 May 2020
8 min to read

GCGC/ECGI Global Webinar Series - Protectionism: A Threat to Corporate Governance

Maribel Sáez | María Gutiérrez

This year, spring has arrived in the midst of a generalized lock-down. People have been—and in many places remain—confined to their homes. Most firms and industries are barely operative. In economic...

OBLB categories

  • COVID-19
  • Commercial Law
22 May 2020
5 min to read

COVID-19: Insolvency Reform Package adopted by the Spanish Government: Duty to File for Bankruptcy and Duty to Promote the Winding-up or Recapitalization of the Company

Jose Gonzalez Vazquez

On April 28, the Spanish Government approved Royal Decree-Law 16/2020 (‘RDL 16/2020’), passing a series of insolvency, refinancing, corporate and procedural measures. The purpose of the legislation,...
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OBLB categories

  • COVID-19
  • Financial Regulation
22 May 2020
4 min to read

Covid-19: No Time for Lawyers

Wolf-Georg Ringe, Faculty of Law

The economic fallout from Covid-19 requires extraordinary efforts from governments and central banks around the globe. Many of these emergency measures are controversial. Legal pitfalls abound, but...

OBLB categories

  • COVID-19
  • Commercial Law
  • Corporate Finance
  • Corporate Governance
  • Financial Regulation
19 May 2020
6 min to read

Will the Covid Crisis Force us to Reevaluate the Architecture of Banking Law (or Just Expose an Already Occurred Transformation)?

Piergiuseppe Spolaore

From ‘direct controls’ on banks to ‘prudential’ supervision In other times, the decision of a supervisory authority to prohibit dividend distributions to banks’ shareholders would not have made the...

OBLB categories

  • Corporate Tax
19 May 2020
5 min to read

Taxation of Income from Capital in India: Consistency Versus Priority

Suranjali Tandon

Taxation of income from capital in India is widely debated among investors. Each year, prior to the annual budget, where the Finance Minister announces a slew of tax measures, there are appeals to do...

OBLB categories

  • COVID-19
  • Commercial Law
  • Financial Regulation
15 May 2020
4 min to read

Covid-19 and Central Bank Digital Currencies: In Code We Trust?

Camilo Martin Muriel-Bedoya

‘Sorry, we are cashless’ was already a common phrase before the pandemic started and not limited to hipster baristas in New York City or London anymore. As the Covid-19 black swan continues shaking...

OBLB categories

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

Pandemic and Insolvency Law: the Italian Answer

Daniele Vattermoli

The Italian Government, similarly to others, has enacted several measures aimed at curbing the potentially devastating economic effects of the COVID19 pandemic. The lockdown designed to limit...

OBLB categories

  • Financial Regulation
14 May 2020
6 min to read

Fintech Startups and Incumbent Players Series – Designing a Regulatory Sandbox

Zlil Levin

In the Fourth Oxford Business Law Blog Annual Conference on ‘Financial Start-ups and Incumbents Players: Policy Challenges and Opportunities’, different ways to foster innovation were discussed...

OBLB categories

  • COVID-19
  • Corporate Governance
  • M&A
12 May 2020
4 min to read

Emerging Corporate Governance Considerations for the Post-COVID-19 World

Ravipal S Bains

COVID-19 has upended life and the corporate world almost without exception. Pervasive business closures, credit defaults, and contract breaches have caused enormous personal anxiety and challenges...

OBLB categories

  • COVID-19
  • Corporate Governance
12 May 2020
3 min to read

Corporate Social Responsibility in the Times of Covid

Akshaya Kamalnath

Corporate social responsibility (CSR) is a concept that notoriously evades definition. Some have said that companies should act in socially responsible ways in their daily operations while charitable...
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OBLB categories

  • COVID-19
  • Competition/ Antitrust
10 May 2020
5 min to read

Contemplating COVID-19 and Competition—Returning to the Rat Race or Aspiring for Something Nobler?

Ariel Ezrachi, Pembroke College | Maurice Stucke, Institute of European and Comparative Law

Whatever the market ailment, competition is typically the cure. Except now. Competition among nations or states for ventilators and masks are causing more, rather than fewer, deaths. The Covid-19...

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