When arbitration clause and oppression claim collide
The question regarding the position of arbitration clauses within the context of shareholders’ protection under company law rules has been dealt with in a decision from the United Kingdom, Exeter, which upheld the inalienable right of the members to bring an oppression claim despite the presence...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English English |
| Published: |
Routledge Taylor & Francis Group
2017
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/59230/7/59230-When%20arbitration%20clause%20and%20oppression%20claim%20collide.pdf http://irep.iium.edu.my/59230/8/59230-When%20arbitration%20clause%20and%20oppression%20claim%20collide_SCOPUS.pdf http://irep.iium.edu.my/59230/ http://www.tandfonline.com/doi/pdf/10.1080/03050718.2017.1357477?needAccess=true |
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| Institution: | Universiti Islam Antarabangsa Malaysia |
| Language: | English English |
| Summary: | The question regarding the position of arbitration clauses within the context
of shareholders’ protection under company law rules has been dealt with in a
decision from the United Kingdom, Exeter, which upheld the inalienable
right of the members to bring an oppression claim despite the presence of an
arbitration agreement. The issue was recently revisited in several common
law jurisdictions – United Kingdom, Malaysia, Singapore and Hong Kong
with mixed results. The article discusses this development to clarify the
scope, breadth and limits of the arbitration clause within company law. |
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