The Derivative Action in Asia: A Comparative and Functional Approach

The Derivative Action in Asia: A Comparative and Functional Approach book cover

The Derivative Action in Asia: A Comparative and Functional Approach

Author(s): Dan W. Puchniak (Editor), Harald Baum (Editor), Michael Ewing-Chow (Editor)

  • Publisher: Cambridge University Press
  • Publication Date: 28 Jun. 2012
  • Edition: 1st
  • Language: English
  • Print length: 474 pages
  • ISBN-10: 1107012279
  • ISBN-13: 9781107012271

Book Description

This in-depth comparative examination of the derivative action in Asia provides a framework for analysing its function, history and practical application and examines in detail how derivative actions law works in practice in seven important Asian jurisdictions (China, Hong Kong, India, Japan, Korea, Taiwan and Singapore). These case studies allow an evaluation of a number of the leading Western comparative corporate law and governance theories which have come to define the field over the last decade. By debunking some of these critically important theories, this book lays the foundation for an accurate understanding of the derivative action in Asia and a re-examination of the regulation of the derivative action around the world.

Editorial Reviews

Review

‘Lucid, informative and wide-ranging in coverage, The Derivative Action in Asia will be a standard reference for corporate governance scholars and practitioners.’ Curtis J. Milhaupt, Parker Professor of Comparative Corporate Law and Fuyo Professor of Japanese Law, Columbia Law School

‘This book carefully explores one of the core mechanisms of corporate governance in a region that has not been examined sufficiently: Asia. The Derivative Action in Asia delivers a wealth of detail for readers interested in the systems of specific countries, while at the same time brilliantly complicating any search for a uniquely Asian approach by highlighting the diversity among those systems. I highly recommend it to scholars, practitioners, and anyone interested in comparative corporate governance.’ Mark D. West, Associate Dean for Academic Affairs and Nippon Life Professor of Law, University of Michigan Law School

‘[This] book provides valuable information and insights not just concerning derivative actions per se, but also corporate governance patterns and theoretical debates, the investment environment and capitalism generally in Asia.’ Sydney Law Review

Book Description

In-depth analysis of the derivative action in Asia – a critical part of Asian corporate law and governance.

About the Author

Dan W. Puchniak is an Assistant Professor in the Faculty of Law at the National University of Singapore, where he specialises in company law with an emphasis on comparative corporate law in East Asia.

Harald Baum is a Senior Research Fellow and Head of the Japanese Law Department at the Max Planck Institute for Comparative and International Private Law in Hamburg, Germany. He also serves as Professor of Law at the Faculty of Law of Hamburg University and as Research Associate at the European Corporate Governance Institute in Brussels.

Michael Ewing-Chow is an Associate Professor at the Faculty of Law, National University of Singapore (NUS) where he teaches world trade law and corporate law.

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