Bemiddelingsbeding in Vennootschapsakten (Mediation Clauses in Corporate Bye-Laws)
Alain Laurent P. G. Verbeke
University of Leuven, Director Rector Roger Dillemans Family Property Law Institute, Codirector Institute for Contract Law, Codirector Leuven Center for Notary Law; Harvard Law School; University of Leuven, Faculty of Psychology; Tilburg Law School Department of Private Law and TISCO; Catholic University of Portugal (UCP) - Católica Global School of Law; Greenille by Laga
affiliation not provided to SSRN
May 7, 2011
Niek Verslype, LIBER AMICORUM LUC WEYTS, pp. 847-866, Larcier, Brussels, 2011
In this contribution we explore the possibilities and use of mediation clauses in bye-laws. We first explore the concept of mediation, the many definitions and different styles and approaches and define what we consider mediation in its strict sense. We then explore the use and practice of mediation in company law, to continue with some thoughts on how to draft such clause. The final parts are exploring applying mediation in the context of exclusion of a shareholder and in the context of matters of public policy.
Note: Downloadable document is in Dutch.
Number of Pages in PDF File: 20
Keywords: corporate law, bye laws, mediation, mediation clauses
JEL Classification: K11, K22, K41
Date posted: February 16, 2012