# Statutory design

`kaal:entity:statutory-design`

**Status.** derived

This node is assembled mechanically from the 3 claims that carry the concept tag `statutory-design`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

3 claims across 1 works, 2004 to 2004.

**2004**

- [617681-012](https://wulfkaal.github.io/claims/617681-012) [empirical/evidenced] -- Delaware itself acknowledges the utility of unbundling statutes from adjudication, though not in its corporate law: its LLC statute specifically allows members or managers to agree in writing to arbitration of claims under the LLC agreement.
  > Delaware itself acknowledges the utility of unbundling statutes from adjudication, although not in its corporate law. In its LLC statute, Delaware specifically allows members or managers to agree in the LLC agreement, or in another writing, for arbitration of claims under the agreement.
  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
- [617681-036](https://wulfkaal.github.io/claims/617681-036) [design/argued] -- Member States should provide in their corporate statutes an arbitration enabling provision allowing corporate charters to mandate arbitration of internal affairs disputes instead of adjudication in national courts.
  > Member States could specifically provide in their statutes an "arbitration enabling provision" allowing corporate charters to mandate arbitration of disputes over the internal affairs of the corporation instead of adjudication in national courts.
  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
- [617681-042](https://wulfkaal.github.io/claims/617681-042) [condition/argued] *(failure mode)* -- Unless the Member State of incorporation specifically provides in its corporate statute that arbitration is permissible when allowed in the charter or a shareholders agreement, investors run the risk that courts refuse to enforce the arbitration provision.
  > specifically provide in its corporate statute that arbitration is permissible if allowed in either the corporate charter or (for a closely held corporation) in a shareholders' agreement. Otherwise, investors run the risk that courts refuse to enforce the arbitration provision.
  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

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/statutory-design.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.