The Derivative Action in Asia
A Comparative and Functional Approach

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

Dan W. Puchniak (Edited by), Harald Baum (Edited by), Michael Ewing-Chow (Edited by)

9781107012271, Cambridge University Press

Hardback, published 28 June 2012

474 pages, 12 tables
23.4 x 15.6 x 2.6 cm, 0.88 kg

'[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

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.

Introduction Brian R. Cheffins
1. The derivative action: an economic, historic and practice-oriented approach Harald Baum and Dan W. Puchniak
2. The complexity of derivative actions in Asia: an inconvenient truth Dan W. Puchniak
3. Land of the rising derivative action: revisiting irrationality and Japan's unreluctant shareholder litigant Masafumi Nakahigashi and Dan W. Puchniak
4. Invigorating shareholder derivative actions in Korea Hyeok-Joon Rho and Kon-Sik Kim
5. Derivative actions in Taiwan: legal and cultural hurdles with a glimmer of hope for the future Wang Ruu Tseng and Wallace Wen Yeu Wang
6. Pathway to minority shareholder protection: derivative actions in the People's Republic of China Donald C. Clarke and Nicholas C. Howson
7. A parallel path to shareholder remedies: Hong Kong's derivative actions Paul von Nessen, S. H. Goo and Low Chee Keong
8. Singapore derivative actions: mundanely non-Asian, intriguingly non-American and at the forefront of the Commonwealth Meng Seng Wee and Dan W. Puchniak
9. The rarity of derivative actions in India: reasons and consequences Vikramaditya Khanna and Umakanth Varottil
10. The derivative action in Asia: some concluding observations Dan W. Puchniak and Harald Baum.

Subject Areas: Company law [LNCD], Law [L], Corporate governance [KJR]