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A Comparative Study of Funding Shareholder Litigation.

A Comparative Study of Funding Shareholder Litigation. 資金供給株主訴訟の比較研究

・ISBN 978-981-10-3622-4 hard EUR 129.99

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お気に入り
著者・編者Chen, Wenjing,
出版社(Springer, GW)
出版年月2017
ページ数264 pp.
言語ENG
ニュース番号<640-1292 640-P2865>

解説

This book studies the funding problems with shareholder litigation through a functionally comparative way. In fact, funding problems with shareholder lawsuits may largely discourage potential shareholder litigants who bear high financial risk in pursuing such a claim, but on the other hand they may not have much to gain. Considering the lack of incentives for potential shareholder claimants, effective funding techniques should be in place to make shareholder actions function as a corporate governance tool and discipline corporate management. The book analyzes, among others, the practice of funding shareholder litigation in the Australia, Canada, the UK, the US and Israel, and covers all of the typical approaches being used in financing shareholder litigation in the current world. For instance, Israel and Canada (Quebec and Ontario) are probably unique in having a public funding mechanism for derivative actions and class actions, while Australia is the country where third party litigation funding is originated and is growing rapidly. Based on this comparative research, the last part of this book discusses how to fund shareholder litigation in China in context of its social and legal background and what kind of problems need to be solved if certain funding techniques are used.