Alternative Dispute Resolution and Corporate Governance

The Corporate Governance Regional Roundtables have identified poor regulatory and judicial enforcement as a significant impediment to shareholder protection and foreign investment in emerging markets.

Deficiencies in emerging market enforcement have helped make arbitration of company law disputes (ACLD) the preferred method of dispute resolution for private-equity investors in many key emerging markets, such as Russia and China.

The OECD's Corporate Affairs Division has therefore initiated an ACLD programme to:

  1. generate policy dialogue on the role of ACLD in corporate governance;
  2. develop a global comparative understanding of how various OECD member and non-member states approach ACLD; and
  3. develop and disseminate practical guidelines and other documentation on using ACLD to protect shareholders' rights

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Key Material

Recommendations for good practice in corporate behaviour with a view to rebuilding and maintaining public trust in companies and stock markets

OECD Principles of Corporate Governance