Shareholder remedies in China – developments towards a more effective, more accessible and fairer derivative action mechanism

Zhao, J ORCID: https://orcid.org/0000-0001-6430-2356 and Wei, C, 2021. Shareholder remedies in China – developments towards a more effective, more accessible and fairer derivative action mechanism. Capital Markets Law Journal. ISSN 1750-7219

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Abstract

The introduction and enforcement of derivative actions are important aspects of the continuing debate surrounding corporate law and governance in many jurisdictions worldwide, including China. In order to ascertain the trends of law in practice, this article offers a comprehensive case study by looking through all 380 reported cases of derivative action in China from 2006 to 2019, and addresses the question of whether the mechanism has been consistently and authoritatively used by shareholders. The article tries to identify problems in the application of the mechanism in China by focusing on complications surrounding consistency and accuracy in terms of judgements of derivative actions in different courts, litigated by different kinds of shareholders in China.

Item Type:	Journal article
Publication Title:	Capital Markets Law Journal
Creators:	Zhao, J. and Wei, C.
Publisher:	Oxford University Press (OUP)
Date:	11 September 2021
ISSN:	1750-7219
Identifiers:	Number Type 10.1093/cmlj/kmab024 DOI 1441147 Other
Rights:	This is a pre-copyedited, author-produced version of an article accepted for publication in Capital Markets Law Journal following peer review. The version of record for Zhao, J., & Wei, C. (2021). Shareholder remedies in China – developments towards a more effective, more accessible and fairer derivative action mechanism. Capital Markets Law Journal is available online at: https://doi.org/10.1093/cmlj/kmab024
Divisions:	Schools > Nottingham Law School
Record created by:	Laura Ward
Date Added:	25 May 2021 14:22
Last Modified:	11 Sep 2023 03:00
URI:	https://irep.ntu.ac.uk/id/eprint/42913

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