Speed in Decision-Making: An Assessment of the Australian Takeovers Panel
(2017) 35 Company and Securities Law Journal 352
23 Pages Posted: 29 May 2018
Date Written: January 1, 2017
Timely decision-making is an important element of an effective system of dispute resolution. The ability of tribunals to make relatively speedy decisions is accordingly a key advantage of using administrative tribunals in place of courts. This article examines the speed with which the Australian Takeovers Panel has made its decisions since it became the primary forum for resolving takeover disputes on 13 March 2000 up to 30 June 2016. The assessment is conducted based on an empirical analysis of the timing of Panel decision-making. It focusses particularly on the time taken by the Panel to make its decisions and publish the reasons for its decisions over that period.
Keywords: dispute resolution, takeovers panel, tribunals, Corporate Law Economic Reform Program, CLERP, Australian Securities and Investments Commission, ASIC
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