kaal:claim:617681-038

Arbitration of corporate governance disputes has not emerged in the United States because arbitration is at best the next best alternative to Delaware, and a second place finish does not justify the investment needed to design a workable arbitration framework.

Source quote, verbatim

Arbitration of corporate law disputes may be the next best alternative to Delaware, but a second place finish in regulatory competition probably does not justify the investment needed to design an arbitration framework that overcomes many of Coffee's specific objections.

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), E.III.2 Arbitration as a Viable Alternative in Europe, p. 46
https://ssrn.com/abstract=617681 · source PDF

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

Holds when

United States, where Delaware's adjudication system commands high confidence

Classification

failuresupport: arguedfailure: second-best-investment-gapfamily: adoption-and-usability-barrierlaw-and-legal-systemsrisk-and-incentives

Verify

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