Prudent Anticipation? The Arbitration of Public Company Shareholder Disputes

Perry Herzfeld, Prudent Anticipation? The Arbitration of Public Company Shareholder Disputes, Arbitration International, Vol. 24, no. 2, 2008. [*]

Over recent years, there has been increasing attention given to the possibility of arbitration of public company shareholder disputes based on an arbitration clause in the company’s constitution. This article discusses two of the key issues relating to the arbitration of such disputes: the enforcement of an arbitration clause in the constitution of a public company and the arbitrability of various kinds of public company shareholder disputes.