Derivative Claims In Arbitration
Description
How to fill out Sample Letter Regarding Motion To Dismiss On Shareholder Derivative Claims?
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FAQ
Given that Indian courts have started adopting a general policy in favour of arbitration, there is no reason why derivative action claims cannot be arbitrated when the requisite intent is present.
A litigation claim brought by a holder of ownership interests in an entity (such as a stockholder in a corporation or a member in a limited liability company) on behalf of the entity against the entity's management or board of directors typically alleging breach of fiduciary duty, fraud or mismanagement.
Arbitration is a mechanism for resolving disputes between investors and brokers, or between brokers. It is overseen by the Financial Industry Regulatory Authority (FINRA), and the decisions are final and binding.
Common law derivative claim process As mentioned above, a claimant must demonstrate a prima facie case and be granted permission from the court to pursue a common law derivative claim and further, the court will apply the same factors in exercising its discretion as for statutory derivative claims.
Further, a derivative claim can generally only be brought by minority shareholders, whereas any person who is a member of a company ? including majority shareholders ? can bring an unfair prejudice claim.
