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The Derivative Action in Asia by Dan W. Puchniak,Harald Baum,Michael Ewing-Chow Pdf
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.
The Derivative Action in Asia by Dan W. Puchniak Pdf
This Article uses the derivative action in Asia as a lens for re-evaluating the foundational theories of Asian and comparative corporate law. It begins by demonstrating that the cultural theory of “Asian non-litigiousness” provides scant explanatory or predictive value for either the evolution or function of the derivative action in Asia's leading economies. As such, this Article suggests that the theory of Asian non-litigiousness should be relegated to the dustbin of academic history. Without the black box of Asian culture to erroneously explain away potential differences between “Asian” and “Western” derivative actions, the reality of the derivative action in Asia's leading economies becomes markedly more important. It allows evidence from the derivative action in Asia to be used as a valuable litmus test for three of comparative corporate law's most important theories which all claim universal applicability (the three “grand universal theories”). This Article demonstrates, using evidence from the derivative action in Asia, that the claim of universal applicability, which under-pins the grand universal theories, is erroneous. Indeed, this Article turns the grand universal theories on their heads by demonstrating that they not only fail to explain the derivative action in Asia but also terribly mislead. As such, this Article concludes by suggesting that comparative corporate law should replace its lust for grand universal theories with a quest for understanding (rather than avoiding) the complex reality that is inherent in comparative corporate law.
Culture and Business in Asia by Maureen Guirdham Pdf
Culture and Business in Asia is an analytical, comparative guide to modern Asian business. Using in-depth interviews, it describes the links between culture and business in India, China (including Hong Kong), Japan, Taiwan and Singapore. Each chapter examines the influence of business culture on decision-making in the areas of ownership, finance, governance, organisation, management and strategy. Key benefits: - Gives a vivid view of how Asian business decision-makers experience the world of work - Includes a unique focus on India - Encourages critical thinking - Examines the relationship of social, political and economic cultures to business. - Provides a cultural platform for business in the profitable but competitive markets of Asia.
A Case for Shareholders' Fiduciary Duties in Common Law Asia by Ernest Lim Pdf
Reconceptualises the general meeting, controlling shareholders and institutional investors as fiduciaries in four leading common law Asian jurisdictions.
Comparative Takeover Regulation by Umakanth Varottil,Wai Yee Wan Pdf
Comparative Takeover Regulation compares the laws relating to takeovers in leading Asian economies and relates them to broader global developments. It is ideal for educational institutions that teach corporate law, corporate governance, and mergers and acquisitions, as well as for law firms, corporate counsel and other practitioners.
Comparative Corporate Governance by Afra Afsharipour,Martin Gelter Pdf
This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
The Anatomy of Corporate Law by Reinier Kraakman,John Armour,Paul Davies,Luca Enriques,Henry B. Hansmann,Gérard Hertig,Klaus J. Hopt,Hideki Kanda,Edward B. Rock Pdf
This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.
Business Leaders and Leadership in Asia by Ying Zhu,Shuang Ren,Ngan Collins,Malcolm Warner Pdf
The quality of its business leadership is a key issue for the future development of Asia’s economies. Although Asia’s economies have grown spectacularly in recent decades, they are currently facing increasing challenges. This book explores the current state of business leaders and leadership in Asia. It demonstrates that there is no single model of Asian business leadership, and that Western models often do not fit easily alongside Asian cultural values. It discusses how relatively developed Asian economies – Japan, Korea, Taiwan and Singapore, and former socialist economies – China and Vietnam – all have different types of business leadership challenges at present. The book concludes by assessing how business leadership in Asia is likely to develop in future.
Author : Tom Kirchmaier,Carsten Gerner-Beuerle Publisher : Asian Development Bank Page : 156 pages File Size : 50,7 Mb Release : 2021-01-01 Category : Business & Economics ISBN : 9789292626723
Corporate Governance in South Asia by Tom Kirchmaier,Carsten Gerner-Beuerle Pdf
This publication looks at several corporate governance issues, and provides an analysis of four core areas of corporate governance in South Asia in light of global trends and best practices. These include: i) corporate governance legal frameworks; ii) board structure and board diversity; iii) corporate governance of state-owned enterprises; and iv) anti-money laundering and compliance. The publication assesses the necessary regulatory preconditions for strong financial and economic development, and identifies areas for regulatory action. The findings are relevant for many developing countries around the world, as corporate governance will impact evolving challenges such as the COVID-19 pandemic, climate change, and sustainable global trade.
Civil Procedure in Japan by Takaaki Hattori,Yasuhei Taniguchi,Pauline C. Reich,Hiroto Miyake Pdf
The only book of its kind available in English, Civil Procedure in Japan is the most reliable and comprehensive reference on the broad subject of the Japanese civil justice system. Civil Procedure in Japan discusses the problems encountered in litigating a civil controversy in the chronological order in which they are most likely to arise. Since civil procedure, as all law, is a product of historical developments and since it cannot be understood without reference to the political structure within it is to operate, Chapter 1 presents the historical background to date of the development of court procedure. The chapter looks at Japan's political organization (Executive, Legislative, etc), the court structure, and the sources of law. Chapter 2 is devoted to a look at the world of Japanese Legal Profession including legal education and non-Japanese lawyers in Japan, while Chapter 3 is an overview of the Judiciary as a whole. Chapter 4 sets forth the basic concepts involved in the judiciary authority and its interface with other governmental authorities. Subsequent chapters deal with practical issues of civil procedure, starting with Chapter 5 through Chapter 8, the trial is traced from beginning (parties to action and pre-commencement preparation including provisional remedies) through appellate procedures. Chapters 8 and 9 deal with various judicial proceedings outside of typical civil actions. Chapter 11 specifically explains various insolvency proceedings from straight bankruptcy to corporate reorganization. Chapter 12 is devoted to the arbitration law of 2002. Chapter 13 is about various terms of the court costs. Enforcement of civil judgments is treated in detail in Chapter 14. Finally, Chapter 15 is reserved for international cooperation in litigation and sets forth Japan's bilateral arrangements for international co-operation. Furthermore, appendices include an English translation of the Code and Rules of Civil Procedure of 1996 and other important statutes, English translations of sample judgments, glossaries, bibliography, ect.
