Executive Compensation and the Courts

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The research has demonstrated that the Courts in the countries examined have played a significant, though differing role over time in relation to corporate executive pay practices. In each it found that the nature of litigation changed over time, with the types of disputes appearing before courts evolving and the courts fashioning new rules to deal with them. Moreover, litigation has become significantly more common since 2000. Despite these superficial similarities, however, significant institutional differences exist and both the substantive rules governing pay, as well as practice, remain distinct. The specific results for each are detailed in two publications in peer reviewed journals which can be referred to for further information: Sean McGinty, ‘Pay Fight! Corporate Director Compensation Disputes in Japanese Courts and What to Make of Them’ 53 Journal of Japanese Law 109 (2022);Sean McGinty, ‘The Courts and Executive Compensation in Canada’ 14(2) Law and Development Review 753 (2021)