The Derivative Action in Asia: A Comparative and Functional Approach

This in-depth comparative examination of the derivative action in Asia provides a framework for analyzing 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.

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.