Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
1304 24 |
Ultima descărcare din IBN: 2024-04-16 23:54 |
Căutarea după subiecte similare conform CZU |
347(411) (1) |
Drept civil (3595) |
SM ISO690:2012 DULSKA, Anastasiia. Piercing the corporate veil doctrine in international commercial arbitration: view from the Ukrainian perspective. In: Jurnalul juridic national: teorie şi practică, 2016, nr. 2/2(18), pp. 157-159. ISSN 2345-1130. |
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Jurnalul juridic national: teorie şi practică | |||||||
Numărul 2/2(18) / 2016 / ISSN 2345-1130 | |||||||
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CZU: 347(411) | |||||||
Pag. 157-159 | |||||||
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Rezumat | |||||||
This article will examine the tendencies for application of the piercing the corporate veil doctrine in international arbitration, particularly from the position of its relevance and timeliness for Ukrainian science and practice. Piercing the corporate veil doctrine traces its beginnings and use in the United Kingdom and USA common law legal systems, and is completely disregarded by the Ukrainian science. This doctrine clashes with a corporate law principle of separation of a company from its owners, but focuses on a coherent activity of a business entity. Considering widespread cases of corporate misconduct and abuses of separate legal personality, the author observes a fertile area for implementation of this doctrine in legislation and dispute resolution practice in Ukraine. In section I, this article addresses the topicality of the research devoted to this doctrine in current Ukrainian realities. Section II outlines the general implications of the piercing the corporate veil doctrine. Section III examines the use of the piercing the corporate veil doctrine for the extension of the arbitration agreement to the non-signatory parties in international commercial and international investment arbitration, as well some countries litigation practice and legislation to reform outlined in Section IV. This article will ultimately conclude that the piercing the corporate veil doctrine is appropriate and fair, and should be implemented into Ukrainian legislation, and regulatory enforcement. |
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Cuvinte-cheie lifting the corporate veil doctrine, limited liability principle, single-shareholders company, multiple shareholders company, subsidiary company, fraud or wrong, loss or injury, abuse of privilege, public interest, group of companies, parent company |
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