Home » Notes » Dutch Treat: Netherlands Judiciary Only Goes Halfway Towards Adopting Delaware Trilogy in Takeover Context
Dutch Treat: Netherlands Judiciary Only Goes Halfway Towards Adopting Delaware Trilogy in Takeover Context
PDF · Danielle Quinn ·
Jul-20-2012 ·
41 VAND. J. TRANSNAT'L L. 1211 (2008)
This Note examines Dutch takeover law in light of the current inter-EU competition to attract entities to individual Member States. The recent hostile takeover of the Dutch bank, ABN AMRO, provides an excellent example of the Netherlands’ opportunity to use its judiciary to solidify its reputation as a competitive, business-friendly jurisdiction. The Dutch Enterprise Chamber can aid the Netherlands in becoming the preeminent EU country—a similar status to Delaware’s Chancery Court in the United States. Although the Enterprise Chamber attempted to introduce Delaware law in ABN AMRO, it unfortunately misapplied the law. As a result, the Dutch Supreme Court had to overrule its decision; however, the possibility of adopting Delaware takeover law remains. This Note proposes that the Dutch Enterprise Chamber adopt the Delaware takeover trilogy—Revlon, Unocal, and Unitrin—in order to provide certainty to Dutch takeover law and improve its corporate governance, which, in turn, should aid the Netherlands in attracting enterprises. Although it is too early to know, the Netherlands may become a “European Delaware.”
This entry was posted
on Friday, July 20, 2012 at 4:01 pm and is filed under Notes, Vol. 41 No. 4, Volume 41, Volumes.
You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.
Announcements
The Vanderbilt Journal of Transnational Law hosted a symposium called “The Role of Non-State Actors in International Law” at Vanderbilt University Law School in February 2013. The October issue of the Journal will showcase articles by distinguished symposium guests including:
Mr. Ian Smillie, “Blood Diamonds and Non-State Actors”
Professor Jean d’Aspremont, “Cognitive Conflicts and the Making of International Law from Empirical Concord to Conceptual Discord in Legal Scholarship”
Professor Peter J. Spiro, “Constraining Global Corporate Power: A Very Short Introduction”
Professor Suzanne Katzenstein
Professor Peter Margulies
Professor Harlan G. Cohen
We are pleased to announce our annual award recipients for 2012-2013.
Masamichi Yamamoto Second-Year Editor Award: Kennedy Meier
Outstanding Third Year Editor Award: Alex Rinn
Grace Wilson Sims Medal in Transnational Law: Molly Chen
Grace Wilson Sims Prize for Student Writing in Transnational Law: Margaret Artz
Note Selections for 2013-14
The Publication Committee is pleased to announce the 2L student Notes selected for publication in the 2013-14 issues. Please follow this link: Note Selections for 2013
A special congratulations to Stella Forcehimes, who successfully “Noted-on” to the Vanderbilt Journal of Transnational Law. Please congratulate her if you see her around school.
The Vanderbilt Journal of Transnational Law is now ranked the 9th best international law journal according to the Washington & Lee School of Law Library Law Journal Rankings. For more information, please visit: Washington & Lee Journal Rankings
The Vanderbilt Journal of Transnational Law is excited to announce the 2013-2014 Board of Editors. We had an exceptional pool of candidates to choose from and were very impressed by the enthusiasm and thoughtfulness this class displayed throughout the selection process. Please join us in congratulating them!
Fourth Circuit Court of Appeals cites Head of State Immunity As Sole Executive Lawmaking by Lewis Yelin, written for the 2011 Vanderbilt Journal of Transnational Law Symposium: Foreign State Immunity at Home and Abroad. Yousuf v Samantar Opinion (4th Circuit)
Vanderbilt University law professor Ingrid Wuerth has been selected as a reporter for the Restatement (Fourth) of the Foreign Relations Law of the United States, published by the American Law Institute. She will work on the immunities chapters, along with David Stewart, a visiting professor of law at Georgetown Law and former State Department official.
View the most recent Jonathan I. Charney Distinguished Lecture in Public International Law, presented by Fatou B. Bensouda.
Explore Other Vanderbilt Law Resources
