engleski

ARBITRATION-SELECTED ISSUES: Arbitration of Disputes between Investors and Listed Companies

The investors which are unsatisfied with profits gained from their capital will very carefully observe the issuers and their duty to timely disclose all data required by law, as well as the accuracy of those data. Should there be any failures or omissions they can require damages, which might result in a flood of claims filed by shareholders and other investors against issuers and /or other responsible persons for the breach of the duty to disclose. We believe that already overburdened courts would have extremely hard time coping with the pressure of suits in which hundreds or even thousands of persons may appear in the role of claimants as a result of a dispersed corporate structure of public companies. It thus appears useful to examine if there are any possibilities to solve such disputes in arbitration proceedings, and to that end, which requirements should be satisfied to render such arbitral awards an efficient solution for the parties involved.

Abitration; investors; listed companies; duty to disclose; capital markets

rad je na hrvatskom jeziku objavljen u Zborniku Pravnog fakulteta Zagrebu 59(2009)4, 635-677.