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Full-Text Articles in Law
Uganda Invest In Foreign Markets: Uganda As A Case Study, Morgan T. Lynch
Uganda Invest In Foreign Markets: Uganda As A Case Study, Morgan T. Lynch
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Promised Land Is On The Horizon: The Fix Crowdfunding Act Will Implement Small Changes That Could Make A Big Impact On Investors And Businesses Alike, Michaela Smith
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Entire Fairness: A Call To Preserve Delaware Doctrine, Lisa Bei Li
Entire Fairness: A Call To Preserve Delaware Doctrine, Lisa Bei Li
The Journal of Business, Entrepreneurship & the Law
Appraisal arbitrage is on the rise. Institutional investors—namely, hedge funds—buy into target companies after their merger announcements and bet on the price. By purposely taking a minority position, these funds proceed to courts to obtain what they otherwise could not in the market: a “fair value.” Where there is no allegation of wrongdoing or injury, these plaintiffs nonetheless successfully divert deal value away from business combinations. Based on a misunderstood statute, appraisal arbitrage has exploded into a multi-billion dollar industry for large fund investors. In June 2016, amid growing concerns, the Delaware General Assembly amended section 262, Delaware’s appraisal statute. …
A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson
A River Runs Through It: The Jobs Act’S Course Through Crowdfunding, Towards Stable Returns On Investment In Real Estate, Devin Finlayson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Path Towards Defining “Investment” In Icsid Investor-State Arbitrations: The Open-Ended Approach, Melissa María Valdez García
The Path Towards Defining “Investment” In Icsid Investor-State Arbitrations: The Open-Ended Approach, Melissa María Valdez García
Pepperdine Dispute Resolution Law Journal
Article 25 of the International Convention on the Settlement of Investment Disputes left the notion of “investment” intentionally undefined, thus leaving its interpretation in the hands of arbitration tribunals, which has led to inconsistencies, confusion and debate regarding the true essence of what may appear as a routine concept. This article tries to explain that the proper meaning of “investment” under the Convention must be clarified not only by discussing the drafting history of the Convention, but by also examining doctrinal tendencies, key aspects of corresponding arbitration awards and customary international law and argues that arbitration tribunals should show strong …