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  • Commercial Law
  • Financial Regulation
22 Oct 2018

Enforcing Rules on Related Party Transactions in Italy: One Securities Regulator’s Challenge

Marcello Bianchi | Luca Enriques, Faculty of Law | Mateja Milič

In our paper ‘Enforcing Rules on Related Party Transactions in Italy: One Securities Regulator's Challenge’, we investigate the Italian experience in the enforcement of related party transaction (RPT...

OBLB categories

  • Commercial Law
  • Financial Regulation
19 Oct 2018

The Evolution of Currency: Cash to Cryptos to Sovereign Digital Currencies

Anton Didenko | Ross Buckley

Modern payment systems have changed considerably over the past decade. In developing countries, so-called ‘electronic money’, issued and used on mobile phones, provided a viable digital alternative...

OBLB categories

  • Commercial Law
  • Corporate Governance
17 Oct 2018

Financial institutions and Outsourcing: How is the risk managed?

Joseph A. McCahery | Alexander de Roode

Financial institutions have become highly reliant on outsourcing core business processes to third-party service providers. In the past two decades, the growth and expansion of outsourcing has allowed...

OBLB categories

  • Commercial Law
16 Oct 2018

Piercing the Corporate Veil: Historical, Theoretical and Comparative Perspectives

Cheng Han Tan | Jiangyu Wang | Christian Hofmann

The concept of a company as a separate entity from its shareholders is well known and recognized in many common law and civil law jurisdictions. Generally, it is regarded as a fundamental aspect of...

OBLB categories

  • Commercial Law
15 Oct 2018

Inconsistent realisation of the EU Insolvency Regulation across Europe calls for better coordination

Bob Wessels | Stephan Madaus

On 26 June 2018, the Insolvency Regulation (Recast) (hereafter, EIR 2015) celebrated its first anniversary. It covers (i) the international jurisdiction of a court in a member state to open...

OBLB categories

  • Commercial Law
  • Corporate Governance
  • Financial Regulation
10 Oct 2018

Smart contracts and transaction costs

Massimiliano Vatiero

Blockchain technology could reshape the economic institutions of capitalism, to borrow the title of a celebrated book by Oliver Williamson. In a recent paper, I deal with contractual agreements that...

OBLB categories

  • Commercial Law
10 Oct 2018

Transplanting Chapter 11 of the US Bankruptcy Code into Singapore’s Restructuring and Insolvency Laws: Opportunities and Challenges

Wai Yee Wan | Gerard McCormack

In 2017, Singapore introduced wide-ranging reforms to its insolvency and restructuring laws with a view to enhancing its attractiveness as an international centre for debt restructuring. These 2017...

OBLB categories

  • Commercial Law
  • Corporate Governance
02 Oct 2018

Shareholders’ Rights in Agency Conflicts: Selected Issues in the Transatlantic Debate

Maria Lucia Passador | Federico Riganti

The purpose of our paper ‘Shareholders’ Rights in Agency Conflicts: Selected Issues in the Transatlantic Debate’ (2018) 42 Delaware Journal of Corporate Law 569 is to provide the reader with a...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • Financial Regulation
28 Sep 2018

Law and society in the evolution of Malaysia’s Islamic capital market regulation

Vivien Chen

In recent years, Islamic capital markets have flourished in countries with large Muslim populations, while sukuk, or Islamic bonds, have gained traction internationally. Although Malaysia is regarded...

OBLB categories

  • Commercial Law
  • Corporate Finance
25 Sep 2018

Bankruptcy Claims Trading

Jared A. Ellias

Over the past twenty years, a robust secondary market has emerged in the debt of Chapter 11 firms. Critics worry that the trading associated with this market has undermined bankruptcy governance, by...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • M&A
20 Sep 2018

Cross-border conversions and ex-ante control of ‘artificial arrangements’: is this an adequate reaction to Polbud?

Jaime Sánchez

On 25 April the Commission published its proposal for a directive amending Directive 2017/1132 as regards cross-border conversions, mergers and divisions (Proposal). One of the aspects of the...

OBLB categories

  • Commercial Law
  • Corporate Governance
19 Sep 2018

NEW BOOK: David Kershaw, The Foundations of Anglo-American Corporate Fiduciary Law (Cambridge University Press, 2018)

David Kershaw

Corporate law is theoretically rich but historically poor. There is a ‘pre-history’ of corporate law that is prior to the discipline’s historical knowledge, horizon and imagination; a pre-history of...

OBLB categories

  • Commercial Law
  • Corporate Governance
13 Sep 2018

The Weakening of Fiduciary Law

Andrew Tuch

In the 1970s and 80s, as major financial institutions grew and diversified their operations, courts and scholars recognized that fiduciary law posed profound challenges for the organizational...

OBLB categories

  • Commercial Law
  • Corporate Governance
12 Sep 2018

The Perils of Public Enforcement of Shareholders’ Duties

Konstantinos Sergakis

As part of a research project on ‘Shareholders’ Duties’, such as inter alia the duties to disclose (e.g. major holdings, engagement policy etc.), and the duty not to abuse rights, this post aims to...

OBLB categories

  • Commercial Law
  • Corporate Finance
11 Sep 2018

The Government announces radical changes to the UK debt restructuring regime

Jennifer Payne, Faculty of Law

In May 2016 the Insolvency Service issued a consultation on the corporate insolvency framework in the UK (for discussion see Part I and Part 2 of an earlier OBLB blog by this author). This was...

OBLB categories

  • Commercial Law
07 Sep 2018

The Costs of Overburdened Courts: New Evidence

Karsten Müller

How large are the welfare losses associated with inefficient courts? Legal scholars and economists have long grappled with this important question because inefficiencies in the court system are...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • Corporate Governance
  • Financial Regulation
04 Sep 2018

How Blockchains Increase Artificial Responsibility

Adam Kolber

There has been an explosion of articles in the popular press about the dangers of artificial intelligence (‘AI’). Some fear that machines with human-like intelligence could someday develop goals at...

OBLB categories

  • Commercial Law
29 Aug 2018

Can Facebook and Google survive the GDPR?

Kimberly A. Houser | W. Gregory Voss

What the Cambridge Analytica debacle and the resulting U.S. Senate hearing revealed in no uncertain terms is that the U.S. does not have adequate data privacy laws. Despite the grandstanding by...

OBLB categories

  • Commercial Law
  • Corporate Governance
24 Aug 2018

Behavioral law and economics

Eyal Zamir | Doron Teichman

We are delighted to share the news about the publication of our new book, Behavioral Law and Economics (OUP 2018). This book aims to serve as a gateway into the world of behavioral analysis. It...

OBLB categories

  • Brexit
  • Commercial Law
  • Competition/ Antitrust
  • Corporate Finance
  • Corporate Governance
  • Corporate Tax
  • Financial Regulation
  • M&A
22 Aug 2018

ICYMI - Call For Papers: Global Corporate Governance Colloquia (GCGC)

OBLB Editors

2019 Global Corporate Governance Colloquium Center for Financial Studies at Goethe University Frankfurt, Germany 7 - 8 June 2019 Deadline for submissions: 14 September 2018 (at midnight CET) The...

OBLB categories

  • Commercial Law
17 Aug 2018

China establishes international commercial courts to handle Belt and Road Initiative disputes

Freshfields Bruckhaus Deringer

On 1 July 2018, the Supreme People’s Court of China’s 'Regulations on Several Issues regarding the Establishment of International Commercial Courts' (the Regulations) came into effect. The...

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