PIL.OT / DEVELOPMENT
Validity of an Arbitration Clause Incorporated by Reference in a Company’s Articles of Association in Relation to Shareholders
Development summary
The article examines whether an arbitration clause not written directly into the articles of association, but incorporated by reference to another document, is valid and binding on shareholders.
The text expressly states that it discusses the clause’s corporate effect, the publicity function of the trade registry, and the position of later share acquirers.