强制仲裁
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Investors Have a Question About SEC’s Policy Shift on Arbitration: Cui Bono?
Yahoo Finance· 2025-09-22 10:30
Core Viewpoint - The US Securities and Exchange Commission (SEC) is shifting its policy to allow corporations to require shareholders to resolve legal claims through arbitration, which is intended to reduce legal expenses for companies and potentially enhance the attractiveness of Initial Public Offerings (IPOs) [1][4]. Summary by Sections Corporate Benefits - The new policy enables companies to insert mandatory arbitration clauses in registration statements, which can help them avoid costly legal battles and negative publicity [2][4]. - This policy marks a reversal from the SEC's previous stance, which had deterred companies from including arbitration clauses in their registration statements since the early 2010s [4][5]. Shareholder Implications - Shareholders may face significant disadvantages as forced arbitration could prevent them from participating in class-action lawsuits, which are essential for holding companies accountable for securities fraud [3][4]. - The California Public Employees Retirement System (CalPERS) highlighted that class-action securities settlements totaled approximately $3.7 billion in 2024, contrasting sharply with only $345 million returned to investors through SEC enforcement during the same period [3]. Regulatory Context - The SEC's new position acknowledges current Supreme Court precedent, indicating that the agency will no longer consider arbitration clauses as a factor in approving stock sales to the public [6]. - The SEC's previous concerns regarding the compatibility of 1930s securities laws with the Federal Arbitration Act of 1925 have been resolved, allowing for this policy shift [5][6].
美证券市场重大改革!投资者集体诉讼将受阻
Guo Ji Jin Rong Bao· 2025-09-18 00:52
Core Points - The SEC has announced a significant policy change allowing public companies to prohibit shareholders from initiating class action lawsuits, opting for arbitration instead [1] - SEC Chairman Paul Atkins emphasized the intention to reduce compliance burdens for companies and support new listings and small businesses [1] - This move is seen as a shift towards a pro-business stance, reversing the stricter enforcement agenda of the previous administration [1] Group 1: Policy Changes - The SEC will no longer block IPOs based on companies' prohibitions on shareholder class action lawsuits [1] - The new policy aims to facilitate easier access to additional funding for companies post-IPO [1] - The SEC's approach is perceived as a response to the competitive landscape among states for corporate registrations, particularly with Delaware facing competition from Texas and Nevada [1] Group 2: Reactions and Concerns - Democratic lawmakers and investor rights organizations have expressed concerns that limiting shareholder litigation rights could pose risks to investors and the market [1][2] - Critics argue that this change may reduce market transparency and tilt the power balance in favor of corporations, potentially undermining investor confidence [1] - Statistics indicate that class action settlements have historically provided greater compensation to shareholders compared to SEC enforcement actions, raising concerns about the implications of forced arbitration [2]
SEC裁决允许企业仲裁解决投资者纠纷,集体诉讼障碍破除引发股东权利争议
Xin Lang Cai Jing· 2025-09-17 18:29
Core Viewpoint - The SEC's recent ruling allows companies to resolve claims related to fraud or misrepresentation through arbitration instead of court, which is seen as a significant benefit for companies planning to go public [1][2]. Group 1: SEC Ruling Details - The SEC's decision was passed with a vote of 3 in favor and 1 against, overturning a long-standing informal policy [1]. - Previously, the SEC would block companies from prohibiting shareholder class action lawsuits in their bylaws, but this new ruling removes that barrier [1]. - The ruling is rooted in discussions from the Trump administration but was not implemented until now [1]. Group 2: Reactions to the Ruling - SEC Chairman Paul Atkins stated that the SEC is not a "value-judging regulatory agency" and does not have the authority to assess the merits of how companies resolve disputes with shareholders [1]. - Democratic SEC member Caroline Crenshaw strongly opposed the ruling, arguing it undermines shareholder rights and may conceal corporate misconduct [1][2]. - Supporters of the ruling, including business interest groups and Republicans, argue that class action lawsuits are often frivolous and that mandatory arbitration could reduce legal risks for companies [1]. Group 3: Concerns from Advocates - Consumer rights advocates and plaintiff attorneys emphasize that court litigation is a crucial tool for holding companies accountable for misconduct, allowing small investors to recover losses [2]. - Former class action attorney Ann Lipton criticized the policy change, stating it could harm public interest and weaken the law's role in exposing corporate wrongdoing [2]. - The discussion around this topic dates back to 2012 when the Carlyle Group sought to use arbitration for investor disputes during its IPO, which faced strong opposition from the SEC [2].
航班大规模停飞!加拿大航空业罢工持续
Guo Ji Jin Rong Bao· 2025-08-18 11:02
Core Points - The strike by Air Canada flight attendants, involving 10,000 workers, has led to significant flight cancellations and poses a threat to the global cargo network [1][3] - The strike was triggered by disagreements over compensation and working conditions, with the union demanding salary increases to match rising living costs [2][4] - The Canadian government intervened by announcing mandatory arbitration, but the union rejected this order, claiming government bias towards the airline [1][5] Summary by Sections Labor Dispute and Strike - The collective agreement between Air Canada and the Canadian Union of Public Employees (CUPE) expired this year, prompting negotiations that have been ongoing for months [2] - The union is focused on salary, benefits, and working conditions, seeking increases that reflect high inflation and living costs [2] - Air Canada proposed a 38% total salary increase over four years, with a 12% to 16% raise in the first year, which included the union's demand for "boarding pay" [2] Impact of the Strike - The strike commenced at 1 AM on August 16, with CUPE accusing Air Canada of delaying negotiations and not presenting a sincere proposal [3] - Air Canada, as the largest airline in Canada, transports approximately 130,000 passengers daily and operates nearly 200 flights to the U.S., with a global cargo network affecting 50 countries [3] Government Intervention - Following the strike, the Canadian Minister of Labour announced mandatory arbitration, citing risks to the transport of essential goods like medicines and organs [4] - Despite the government's intervention, the union plans to challenge the arbitration in court and continue the strike until a fair proposal is presented [5] Recovery Efforts - Air Canada anticipates a gradual return to normal operations within 7 to 10 days and is communicating with customers regarding rescheduling and refunds [6] - Some flights resumed on August 17, but the standoff between the union and the airline continues, with the government overseeing the arbitration process [6]
加拿大最大航空公司罢工,政府介入
Huan Qiu Shi Bao· 2025-08-17 22:50
Core Points - The organized strike by Air Canada flight attendants began on the morning of the 16th, leading to the cancellation of hundreds of flights [1] - The flight attendants are demanding higher wages and compensation for "unpaid work periods," which are not currently included in their paid hours [1] - Air Canada proposed a 38% total salary increase over four years, with a 25% increase in the first year, but the union deemed this insufficient compared to inflation and market value [1] Summary by Sections Labor Negotiations - The strike was initiated after failed labor negotiations, with the union arguing that the proposed salary increase was below inflation and minimum wage standards [1] - The union, CUPE, criticized the government's intervention for forcing both parties into arbitration, claiming it undermines workers' rights [2] Impact on Operations - The strike is expected to disrupt travel plans for approximately 130,000 passengers, with around 25,000 Canadians potentially stranded abroad [1] - Air Canada operates about 700 flights daily, and the strike's impact could lead to significant operational challenges [1] Government Response - The Canadian federal government intervened shortly after the strike began, invoking legal provisions to mandate arbitration between the airline and the union [2] - The union expressed disappointment with the government's actions, stating it sets a concerning precedent for labor rights [2]