Julian Arato, professor of law at Brooklyn Law School, joins the Business Scholarship Podcast to discuss his article The Elastic Corporate Form in International Law. In this article, Arato confronts a tendency by arbitral panels in investor-state disputes to reach decisions that are inconsistent with domestic corporate laws. Examples include allowing shareholders to press claims for third-party harms to a corporation, something domestic laws ordinarily do not permit. This practice, Arato explains, could increase the cost of capital and thus undermine investment treaties’ goal of fostering efficient investment.

This episode is hosted by Andrew Jennings, assistant professor at Brooklyn Law School.