Global Corporate
Governance Forum
“Better Companies,
Better Societies”
Mediating Corporate Governance Disputes?
An International Experts Workshop
Marie-Laurence Guy
Paris - February 12, 2007
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Mediating Corporate Governance Disputes?
An International Experts Workshop
Why are we interested in working on the use of
alternative dispute resolution mechanisms in the
field of corporate governance – in other words:
why are we here today?
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Mediating Corporate Governance Disputes?
An International Experts Workshop
Our Overall Mandate:
Promoting global, regional and local
initiatives that improve corporate
governance policy standards and practices
in developing countries.
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Mediating Corporate Governance Disputes?
An International Experts Workshop
Our Goals:
Increasing Investor Trust and Access to Capital
 Increasing Corporate Performance and Value
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Mediating Corporate Governance Disputes?
An International Experts Workshop
How Do We Do This?
How do we implement and enforce good
corporate governance practices in
developing countries – where neither the
quality of law nor its enforcement are
often adequate?
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Mediating Corporate Governance Disputes?
An International Experts Workshop
Unfortunately, there is no easy answer, and
there is no one magic bullet solution.
What we do is tackle the issues from various
perspectives…
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Mediating Corporate Governance Disputes?
An International Experts Workshop
Regulations,
Incentives, and
Sanctions
Law and
Enforcement
Shareholder
Activism
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Codes of Best
Practice
Boards &
Director
Professionalism
Implementing and Enforcing
Good Corporate Governance
Practices in
Developing Countries
Alternative
Dispute
Resolution
Mechanism?
Media
Banks
Mediating Corporate Governance Disputes?
An International Experts Workshop
Why Use Alternative Dispute Resolution (1):
ADR has been widely and successfully used to
solve labor disputes and family disputes.
 It is now increasingly used to solves
commercial disputes…. So why not corporate
governance disputes?
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Mediating Corporate Governance Disputes?
An International Experts Workshop
Why Alternative Dispute Resolution Mechanisms (2):
To Prevent CG Disputes
 To Solve CG Disputes
 To Clarify CG Issues
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Mediating Corporate Governance Disputes?
An International Experts Workshop
Why Alternative Dispute Resolution Mechanisms (3):
To Build Trust and Investor Confidence
 To Save Money
 To Save Time
 To Promote Business Continuity
 To Improve Board Performance
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Mediating Corporate Governance Disputes?
An International Experts Workshop
A Toolkit Approach to Reform and Best Practice
Implementation
Building on existing research and best practices from around the
world, the Forum develops toolkits which provide policy
makers, private sector decision makers, and nongovernmental
organizations with a roadmap and implementation mechanisms
to improve corporate governance.
The toolkits distill international experience and offer step-by-step
mechanisms for adapting these to local circumstances.
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Mediating Corporate Governance Disputes?
An International Experts Workshop
The Toolkit Methodology:
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Homework & Research
Network of Experts & Brainstorming Workshop
Review & Publication of Working Paper
Collecting Practical Examples and Case Studies
Detailed Toolkit Structure
Building on Existing Work & Hiring Expertise
Toolkit Drafting & Editing
Toolkit Peer Review
Toolkit Publication & Dissemination
Capacity Building & Advisory services
Mediating Corporate Governance Disputes?
An International Experts Workshop
Draft Toolkit Structure (1):
User Guide
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Objectives
Target Users
Content
Country and Thematic Indices
Mediating Corporate Governance Disputes?
An International Experts Workshop
Draft Toolkit Structure (2):
Volume 1: Rationale
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Types of CG disputes
Why use ADR mechanisms to solve disputes
When to use ADR mechanisms to solve disputes
What are the types of ADR mechanisms to be used
Mediating Corporate Governance Disputes?
An International Experts Workshop
Draft Toolkit Structure (3):
Volume 2: Implementing CG Dispute Mechanism
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Awareness Raising for CG dispute mediation
Setting the stage for CG dispute resolution
Institution Building for CG dispute mediation
Capacity Building to mediate CG disputes
Mediating disputes within the boardroom
Mediating Corporate Governance Disputes?
An International Experts Workshop
And a Question…:
Should we include arbitration as part of ADR
mechanisms to consider for CG dispute
resolution or focus on mediation and
conciliation techniques?
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Thank You!
“Corporate Governance is concerned with
holding the balance between economic and
social goals and between individual and
communal goals…The aim is to align as
nearly as possible the interests of
individuals, corporations and society.”
Sir Adrian Cadbury, Foreword to World Bank
Corporate Governance Overview, 1999
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Marie-Laurence Guy
+359 2 9697 224
[email protected]
www.gcgf.org