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Arbitration Clauses In Public Company Charters: An Expansion Of The Adr Elysian Fields Or A Descent Into Hades?, Christos A. Ravanides

Christos A. Ravanides

This article contributes to the long stalled debate about the arbitrability of disputes between publicly-held companies, their shareholders and directors, one of the last, zealously guarded bastions of judicial competence. A crucial difference between this and prior commentary is that the subject is not viewed in a vacuum: significant developments, both domestic and international, signal radical changes in the perception of the legal and policy implications of intra-public company arbitration.

The article first heeds proposals in high profile reports that public shareholders be allowed to experiment with privatized alternatives to traditional derivative and class litigation, as a way to reduce …