Investors have a number of rights under federal and state
law which they can enforce through litigation, including for example the right
to file individual or class actions for damages. But can investors be required
to submit these kinds of claims to binding arbitration in lieu of litigation?
The Deal Prof looks at The Carlyle Group's proposed IPO and
figures it's a corporate governance dud. I agree. Carlyle's Amended and
Restated Limited Partnership Agreement ( Appendix A to the S-1A ) has a dispute resolution provision
that is reprinted in relevant part below (it's lengthy...