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When arbitration clause and oppression claim collide

Mohd. Sulaiman, Aiman @ Nariman and Hingun, Mohsin (2017) When arbitration clause and oppression claim collide. Commonweallth Law Bulletin, 43 (1). pp. 33-47. ISSN 0305-0718

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Abstract

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.

Item Type: Article (Journal)
Additional Information: 1872/59230
Uncontrolled Keywords: arbitration clause, oppression claim
Subjects: K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Prof Aiman Nariman Mohd-Sulaiman
Date Deposited: 10 Nov 2017 09:23
Last Modified: 14 Aug 2018 10:08
URI: http://irep.iium.edu.my/id/eprint/59230

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