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Title The derivative action in Asia : a comparative and functional approach / edited by Dan W. Puchniak, Harald Baum, and Michael Ewing-Chow.

Publication Info. Cambridge : Cambridge University Press, 2012.

Item Status

Description 1 online resource.
Physical Medium polychrome
Description text file
Series International corporate law and financial market regulation
International corporate law and financial market regulation.
Contents Cover; THE DERIVATIVE ACTION IN ASIA; Series Editors; Title; Copyright; CONTENTS; TABLES; CONTRIBUTORS; FOREWORD; PREFACE; ABBREVIATIONS; 1: The derivative action: an economic historical and practice-oriented approach; I Introduction; II The derivative action from an economic and functional perspective; 1 Definition, characteristics and delimitation; 2 Economic efficiencies and inefficiencies; 3 Key elements of regulatory design; 4 The derivative action in context: functional alternatives; III The derivative action from a historical perspective; 1 Historical development in the United States.
2 Historical development in the United Kingdom3 Germany's historical rejection of the derivative action; IV The derivative action from a practical perspective; 1 Procedure and practice in the United States; 2 Procedure and practice in the United Kingdom; 3 Procedure and practice in France; 4 Procedure and practice in Germany; 2: The complexity of derivative actions in Asia: an inconvenient truth; I Introduction; II The seven leading Asian jurisdictions; III An overview of the derivative action in Asia; 1 Japanese derivative actions: the rise of non-economic litigiousness.
2 South Korean derivative actions: moderately litigious and intriguingly unpredictable3 Taiwanese derivative actions: the chill of financial disincentives and domestic cultural norms; 4 Chinese derivative actions: a complex pathway to minority shareholder protection; 5 Hong Kong derivative actions: a late and partial break with common law tradition lays a path for reform; 6 Singapore's derivative actions: mundanely non-Asian, intriguingly non-American and at the forefront of the Commonwealth; 7 Derivative actions in India: explaining the rarity of derivative actions in a sea of litigation.
IV The complexity of derivative actions in Asia: a less convenient, but more realistic, truth3: Land of the rising derivative action: revisiting irrationality to understand Japan's unreluctant shareholder litigant; I Introduction; II Applying the assumption of the economically motivated and rational shareholder litigant to Japan; 1 The economically motivated and rational explanation for the absence of shareholder litigation in postwar Japan.
2 Japan's explosion of derivative actions (mis)understood through the lens of the economically motivated and rational shareholder litigant and its testable hypothesesIII Putting the hypotheses of the economically motivated and rational Japanese derivative litigant to the test; 1 Testing the economically motivated and rational shareholder hypothesis: do shareholders benefit financially from derivative actions in Japan?; 2 Testing the economically motivated and rational attorney hypothesis: do economically motivated and rational attorneys drive derivative litigation in Japan?; 3 Testing the financial tracking hypothesis: does the rate of derivative actions track changes in their financial costs/benefits?
Summary In-depth analysis of the derivative action in Asia - a critical part of Asian corporate law and governance.
Bibliography Includes bibliographical references (pages 422-442) and index.
Local Note eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America
Subject Stockholders' derivative actions -- Asia.
Stockholders' derivative actions.
Asia.
Genre/Form Electronic books.
Added Author Puchniak, Dan W., 1976-
Baum, Harald.
Ewing-Chow, Michael.
Other Form: Print version: Puchniak, Dan W. Derivative Action in Asia. Cambridge : Cambridge University Press, 2012 9781107012271
ISBN 9781139518598 (electronic book)
1139518593 (electronic book)
9780511998027 (electronic book)
0511998023 (electronic book)
9781107012271
1107012279
9781139516730
1139516736