Corporate Governance: The International Dimension

Lord Davidson of Glen Clova, QC, Axiom Advocates, United Kingdom

Lord Davidson QC will examine how the globalising economy is influencing corporate governance in its various models. An assessment of the approaches to accountability of boards of directors to various stakeholders, the role of non-executive directors and corporate committees and current trends in corporate governance. The question of wider trends in corporate governance will be considered. The topic looks at the variety of ownership structures and legal systems and political influence across the UK, the US, Continental Europe and Asia. Some of the issues that have arisen in recent years will be examined. Questions of disclosure, corrupt practices and whistle blowing and remuneration will be traversed to identify the difficult and complex problems that may confront companies operating in various jurisdictions and the allied question of extraterritoriality. The potential for overseas business practices coming back to affect UK-based companies will be examined to identify what lessons may be drawn from current areas of difficulty.

Lord Davidson’s practice for over 30 years has been mainly commercial and public law litigation. He has appeared and advised in numerous cases in the Supreme Court, House of Lords, Privy Council, European Court of Justice and the Court of Session as well as in arbitrations and mediations. He has been a law officer in both the UK and Scottish Parliaments as Advocate General and Solicitor General respectively, both advising on legislation and financial issues as well as appearing in cases for government. Recent experience includes appearing in appeals covering pensions, overseas investors, an insurance scheme of arrangement and a US distribution agreement, providing expert evidence on Scots Law, advising on procurement issues, and appearing in interlocutory hearings. He also has experience dealing with difficult issues in overseas jurisdictions including China.

Axiom Advocates is a set specialising in commercial and public law. It has a firmly established reputation for high quality advice and advocacy. Unlike the traditional Scottish ‘stables’ of counsel, Axiom’s membership has been selected on merit. The set contains many of the most highly-rated senior and junior counsel at the Scottish Bar. Many senior and junior counsel within the set are regarded as the foremost, or leading, counsel in their chosen spheres. Its members have consistently appeared in the most significant cases in Scotland in recent years. Lord Davidson of Glen Clova QC is one of the most senior members of Axiom. The set is particularly strong in commercial law at the Scottish Bar. The work undertaken encompasses almost all aspects of commerce and finance. In particular, Axiom offers specialists in commercial contracts, construction, corporate finance, energy, insolvency, intellectual property, media and entertainment, planning, property, professional negligence and sports law. In the public law, human rights and regulatory fields, the set has an unrivalled concentration of talent at the Scottish Bar. Several members have appointments as standing junior counsel to the Scottish Government and the UK government. Its members have acted in many ground breaking decisions in the areas of public law and human rights, particularly arising out of devolution and the incorporation into Scots law of the European Convention on Human Rights. Members are also regularly instructed in arbitrations, disciplinary hearings, planning inquiries and appeals, and in relation to mediations. The work of the set includes advice and advocacy in relation to cross-border and international issues and disputes.