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  • 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

  • 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

  • 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
  • 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,...

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

  • 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...

OBLB categories

  • COVID-19
  • Commercial Law
  • Corporate Governance
18 May 2020
3 min to read

GCGC/ECGI Global Webinar Series - Easing the Economic Aftermath of a Global Pandemic

Mark J. Roe | John Coates

Roe and Coates spoke with Harvard Law Today (HLT) about what could be done to lower the chances of a bankruptcy backlog and how other corporate governance challenges posed by the pandemic should be...

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

  • Commercial Law
  • Financial Regulation
13 May 2020
4 min to read

Conflicts of Interest and Procedural Coordination of Group Insolvencies

Ilya Kokorin

The outbreak of COVID-19 and the subsequent drastic governmental measures to curb the contagion have affected many businesses, small and large. It may be too early to fully grasp its consequences and...

OBLB categories

  • COVID-19
  • Commercial Law
  • M&A
13 May 2020
11 min to read

GCGC/ECGI Global Webinar Series - A ‘Majeure’ Update on COVID-19 and MAEs

Matthew Jennejohn | Julian Nyarko | Eric Talley

Beyond the extraordinary human toll it continues to exact, the coronavirus has thrown a pall of uncertainty over hundreds of corporate transactions that were signed and waiting to close at the...

OBLB categories

  • COVID-19
  • Commercial Law
08 May 2020
6 min to read

Covid-19 and Insolvency: The Case for ‘Light-touch’ Administration

Kartikeya Sharma

Different countries have adopted various strategies to prevent or delay initiation of insolvency proceedings and protect businesses in the wake of the Covid-19 Crisis. This has previously been...

OBLB categories

  • COVID-19
  • Commercial Law
  • Corporate Governance
06 May 2020
4 min to read

When Businesses Can Do Good: Lessons from the Coronavirus Crisis for Promoting Responsible Business Practices

Suren Gomtsian

Universal threats can unite opposing camps in a common effort. The new coronavirus has hit almost every country and has created a shared understanding that every effort to contribute, however small...

OBLB categories

  • Commercial Law
  • Financial Regulation
05 May 2020
4 min to read

Getting to the Root of the Cryptocurrency Conundrum

Jonas Koh

Eric E Posner and E Glen Weyl recently stated in their book, Radical Markets, that ‘If we aspire to prosperity and progress, we must be willing to question old truths, to get at the root of the...

OBLB categories

  • Commercial Law
05 May 2020
3 min to read

Price Discrimination, Algorithmic Decision-making, and European Non-discrimination Law

Frederik Zuiderveen Borgesius

In a new paper, 'Price Discrimination, Algorithmic Decision-making, and European Non-discrimination Law' (to be found here), I examine the problem of discriminatory effects of algorithmic decision-...

OBLB categories

  • COVID-19
  • Commercial Law
04 May 2020
2 min to read

GCGC/ECGI Global Webinar Series - Bankruptcy’s Role in the COVID-19 Crisis

Edward Morrison | Andrea Saavedra

Current policy discussions tend to minimize the role of bankruptcy law in mitigating the financial fallout from COVID-19. Scholars too are unsure about the merits of bankruptcy, especially Chapter 11...

OBLB categories

  • Commercial Law
04 May 2020
4 min to read

Who Pays for AI Injury?

Mihailis E. Diamantis

Robots and algorithms injure people every day. When such injuries occur, it is not always clear—as a matter of law or equity—who should pay. Since algorithms are not people and many of the most...

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