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The rise of the independent director in Asia is an issue of global
consequence that has been largely overlooked until recently. Less
than two decades ago, independent directors were oddities in Asia's
boardrooms. Today, they are ubiquitous. Independent Directors in
Asia undertakes the first detailed analysis of this phenomenon. It
provides in-depth historical, contextual and comparative
perspectives on the law and practice of independent directors in
seven core Asian jurisdictions (China, Hong Kong, India, Japan,
Singapore, South Korea, Taiwan) and Australia. These case studies
reveal the varieties of independent directors in Asia, none of
which conform to its original American concept. The authors develop
a taxonomy of these varieties, which provides a powerful analytical
tool for more accurately understanding and effectively researching
independent directors in Asia. This new approach challenges
foundational aspects of comparative corporate governance practice
and suggests a new path for comparative corporate governance
scholarship and reform.
The rise of the independent director in Asia is an issue of global
consequence that has been largely overlooked until recently. Less
than two decades ago, independent directors were oddities in Asia's
boardrooms. Today, they are ubiquitous. Independent Directors in
Asia undertakes the first detailed analysis of this phenomenon. It
provides in-depth historical, contextual and comparative
perspectives on the law and practice of independent directors in
seven core Asian jurisdictions (China, Hong Kong, India, Japan,
Singapore, South Korea, Taiwan) and Australia. These case studies
reveal the varieties of independent directors in Asia, none of
which conform to its original American concept. The authors develop
a taxonomy of these varieties, which provides a powerful analytical
tool for more accurately understanding and effectively researching
independent directors in Asia. This new approach challenges
foundational aspects of comparative corporate governance practice
and suggests a new path for comparative corporate governance
scholarship and reform.
In honor of his retirement from the Max-Planck-Institute for
Comparative and International Private Law in Hamburg, this
commemorative publication is dedicated by his students to one of
the worldwide leading experts on commercial law and author of many
significant pieces of work, especially in the fields of trade,
corporate and banking law.
At the beginning of the 21st century, in Japan and most of the
continental European economies, we can observe a shift from what
has been labelled a "corporatist" system to more market-oriented
structures. Regulatory competition caused by the globalization of
markets is increasingly placing the traditional legal institutions
of these jurisdictions under severe strain. This is especially true
for the services markets. Of these, the markets for financial
services and telecommunications services have to adapt most
urgently. These adaptations are already underway to varying extents
and degrees, made possible by a mixture of de-regulation and
re-regulation. In this volume, scholars from Germany, Austria,
Switzerland, and Japan as well as practitioners from various
institutions lay out the theoretical foundations and means for
these developments. Through critical analysis, the various
contributions show what has been reached so far in Europe and Japan
and what remains to be achieved in the future.
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.
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