kaal:claim:617681-028

To the extent judges are biased toward expansively interpreting the reach of their own Member State's corporate law, corporations may unexpectedly be bound by rules of the state of incorporation on subject matter they believed lay outside corporate law.

To the extent judges are biased in favour of expansively interpreting the reach of their own Member State's corporate law, corporations might unexpectedly be bound by the Member State of incorporation's rules governing subject matter such as takeover defenses,

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004), D.II.2 Incomplete Information About How Judges will Resolve Conflict of Laws Problems, p. 32
https://ssrn.com/abstract=617681 · source PDF

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

• adjudication by courts of the Member State of incorporation

failuresupport: arguedfailure: home-law-overreachfamily: jurisdictional-conflictinstitutional-design

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Attestation record: colloquium/attestations/38adad6e6e6aa8ca...json
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