Document Type
Article
Publication Date
1-2024
Journal Title
Indiana Journal of Global Legal Studies
ISSN
1543-0367
Abstract
English-architecture company law describes the distinct and diverse group of company or corporate law used in more than 60 jurisdictions worldwide. English-architecture company law provides a robust platform for innovation and development due to its permissive structure, opportunity for choice of law in an entity’s internal governance, and scalability permitting variation for small and large entities. It is the dominant form among International Financial Centers (IFCs), many of which have legal systems with a British connection. This body of law responds to competition and maintains dynamism by engaging its practice community through “learning by doing” and “frictioneering.” An architecture approach permits a broader review of developments in company law that more closely captures the reality of global law practice. The IFC experience of climbing the value chain from tax arbitrage to provide solutions for entities or structures left out in the corporate law of larger jurisdictions provides a useful global governance model to maintain normative, jurisprudential, and regulatory coherence even as it responds to more specialized and unanticipated needs. This Article explores what makes English-architecture company law so successful and how IFCs use it to compete in the global law market.
First Page
61
Last Page
136
Num Pages
76
Volume Number
31
Issue Number
1
Publisher
Indiana University School of Law - Bloomington
Recommended Citation
Andrew P. Morriss & Charlotte Ku,
English Company Law: Legal Architecture for a Global Law Market,
31
Ind. J. Glob. Legal Stud.
61
(2024).
Available at:
https://scholarship.law.tamu.edu/facscholar/2095
File Type
Included in
Banking and Finance Law Commons, Commercial Law Commons, Comparative and Foreign Law Commons, International Law Commons, International Trade Law Commons