Book contents
- The Cambridge Handbook of Investor Protection
- The Cambridge Handbook of Investor Protection
- Copyright page
- Dedication
- Contents
- Contributors
- Acknowledgments
- Introduction: Continuity and Change in Investor Protection
- Part I Institutionalization and Investor Protection
- Part II The Scope of Investor Protection Regulation
- 6 Retirement Plan Reforms in the Absence of a Retirement Policy
- 7 Rogue Brokers and the Limits of Agency Law
- 8 Protecting Investors of Collective-Investor Trusts in China
- 9 Jurisdiction and Applicable Law in Investor Suits
- Part III The Regulation of Market Professionals
- Part IV Alternative Regulatory Regimes
- Index
9 - Jurisdiction and Applicable Law in Investor Suits
from Part II - The Scope of Investor Protection Regulation
Published online by Cambridge University Press: 20 October 2022
- The Cambridge Handbook of Investor Protection
- The Cambridge Handbook of Investor Protection
- Copyright page
- Dedication
- Contents
- Contributors
- Acknowledgments
- Introduction: Continuity and Change in Investor Protection
- Part I Institutionalization and Investor Protection
- Part II The Scope of Investor Protection Regulation
- 6 Retirement Plan Reforms in the Absence of a Retirement Policy
- 7 Rogue Brokers and the Limits of Agency Law
- 8 Protecting Investors of Collective-Investor Trusts in China
- 9 Jurisdiction and Applicable Law in Investor Suits
- Part III The Regulation of Market Professionals
- Part IV Alternative Regulatory Regimes
- Index
Summary
Which court has competence over investor lawsuits and which rules will the court apply to such suits? It is hard to overestimate the significance of these questions for investor protection. The enforcement of investor rights crucially depends on which court will decide and which law it will follow. Importantly, the rules regarding jurisdiction and applicable law are not uniform around the world, but differ in a variety of ways. Consequently, investors may be able to enforce their rights in different countries under diverging legal frameworks, providing them with opportunities of forum shopping and applicable law shopping. Yet the uncoordinated nature of jurisdiction rules may also lead to a situation in which no court considers itself competent, leaving the investor without a forum and any effective remedy. All the more reason to dedicate particular attention to the issues treated in this contribution.
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- Information
- The Cambridge Handbook of Investor Protection , pp. 169 - 188Publisher: Cambridge University PressPrint publication year: 2022