# kaal:claim:617681-029

**Claim.** A single body of arbitrators affiliated through an association is better positioned than the courts of separate Member States to develop a systematic and consistent approach to the conflict of laws problems unique to the incorporation theory.

**Type.** design  **Support.** argued

**Holds when.**

- early stages of Type B regulatory competition in Europe

**Source quote.**

> A single body of arbitrators, affiliated through an association, is theoretically at least in a better position to develop a more systematic and consistent approach to conflict of laws problems unique to the incorporation theory.

**From.** 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, page 32

**Cite as.** 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

**Verify.** sha256 of source PDF `e142130507ea2f5b025fd97b3f762d44ee3a7aaa82b155aab63434b85e8fd834` at https://raw.githubusercontent.com/wulfkaal/Academic-Papers/main/papers/pdf/Kirchner%20et%20al.%20-%202004%20-%20Regulatory%20Competition%20in%20EU%20Corporate%20Law%20after%20Inspire%20Art%20Unbundling%20Delaware%27s%20Product%20for%20Euro.pdf

**Topics.** law-and-legal-systems, risk-and-incentives

**Keywords.** arbitration, conflict-of-laws, uniformity, private-ordering

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