Piercing the Corporate Veil: Searching for Appropriate Choice of Law Rules
The question when an English court will lift the corporate veil is by no means easy to answer, even when the facts are wholly domestic. Obviously, the question will be rendered even more complex if the company against which an application involving veil-lifting is sought is not an English company—the immediate question one faces is, which law should govern this question: the lex incorporationis or some other law? On the analysis undertaken in this paper, the answer is: “It depends.” Starting from the recognition that corporate veil-lifting is not a singular concept, this paper argues that no single choice of law rule can therefore govern. Instead, a more nuanced, but fragmented, approach to characterization of the true issues is proposed.
Banking and Finance Law | Business Organizations Law
Lloyd's Maritime and Commercial Law Quarterly
THAM, Chee Ho.
Piercing the Corporate Veil: Searching for Appropriate Choice of Law Rules. (2007). Lloyd's Maritime and Commercial Law Quarterly. 2007, (1), 22-43. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/891