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Independent Directors in Asia

Independent Directors in Asia
A Historical, Contextual and Comparative Approach

£120.00

Part of International Corporate Law and Financial Market Regulation

Dan W. Puchniak, Harald Baum, Luke Nottage, Wolf-Georg Ringe, Kon Sik Kim, Gen Goto, Manabu Matsunaka, Souichirou Kozuka, Kyung-Hoon Chun, Xin Tang, Hsin-Ti Chang, Yu-Hsin Lin, Ying-Hsin Tsai, Vivienne Bath, Luh Luh Lan, Vikramaditya Khanna, Umakanth Varottil, Fady Aoun, Bruce Aronson
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  • Publication planned for: November 2017
  • availability: Not yet published - available from November 2017
  • format: Hardback
  • isbn: 9781107179592

£ 120.00
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About the Authors
  • 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.

    • Provides in-depth analysis of the independent director in seven of Asia's leading economies, appealing to comparative corporate governance scholars, regulators and lawyers with an interest in Asia, but who experience difficulty accessing primary sources
    • A concise overview of the developments concerning independent directors in Asia, avoiding the need for detailed research in different languages and jurisdictions, external resources for extra information or translating materials into English
    • Integrates the largely overlooked story of the independent director in Asia into this critically important corporate governance debate, providing a new perspective on how to conduct comparative corporate law and governance research for scholars and students interested in this growing field of study
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    Reviews & endorsements

    Advance praise: 'Independent Directors in Asia combines a rigorous theoretical framework with the insights that only in-depth jurisdiction-specific analyses can give. In doing so, it provides the readers with a precise and thought-provoking sense of how the same governance mechanism can mean different things and perform different functions not only once transplanted from the US to Asia but also within the various Asian jurisdictions. In short, this is a fascinating book that has all the ingredients to become a classic in comparative corporate law.' Luca Enriques, Allen and Overy Professor of Corporate Law, University of Oxford

    Advance praise: 'The independent director has been a focal point of corporate governance reform in the United States and the United Kingdom for decades, but its transplantation into Asian systems has been surprisingly complex and at times politically fraught. This enlightening volume exposes the institutional richness and functional diversity behind Asia's halting embrace of this corporate governance device. Independent Directors in Asia will have a long shelf life as an indispensable resource for scholars, policymakers and practitioners.' Curtis J. Milhaupt, Parker Professor of Comparative Corporate Law and Fuyo Professor of Japanese Law, Columbia Law School

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    Product details

    • Publication planned for: November 2017
    • format: Hardback
    • isbn: 9781107179592
    • dimensions: 228 x 152 mm
    • contains: 11 b/w illus. 17 tables
    • availability: Not yet published - available from November 2017
  • Table of Contents

    Part I. Theoretical Framework: Introduction Dan W. Puchniak, Harald Baum and Luke Nottage
    1. The rise of the independent drector in the West: understanding the origins of Asia's legal transplants Harald Baum
    2. Independent directors: a theoretical framework Wolf-Georg Ringe
    3. Varieties of independent directors in Asia: a taxonomy Dan W. Puchniak and Kon Sik Kim
    Part II. Asian Jurisdiction-Specific Chapters:
    4. Japan's gradual reception of independent directors: an empirical and political-economic analysis Gen Goto, Manabu Matsunaka and Souichirou Kozuka
    5. Korea's mandatory independent directors: expected and unexpected roles Kyung-Hoon Chun
    6. Independent directors in China: facts and reform proposals Xin Tang
    7. From double board to unitary board system: the corporate governance reform in Taiwan Hsin-Ti Chang, Yu-Hsin Lin and Ying-Hsin Tsai
    8. Independent directors in Hong Kong Vivienne Bath
    9. Independent directors in Singapore: a corporate governance outlier? Dan W. Puchniak and Luh Luh Lan
    10. Board independence in India: from form to function? Vikramaditya Khanna and Umakanth Varottil
    Part III. Alternative Perspectives and Conclusions:
    11. The rise and unlikely demise of independent directors in Australia Fady Aoun and Luke Nottage
    12. Case studies of independent directors in Asia Bruce Aronson
    13. Independent directors in Asia: theoretical lessons and practical implications Souichirou Kozuka and Luke Nottage
    Appendices
    Bibliography
    Index.

  • Editors

    Dan W. Puchniak, National University of Singapore
    Dan W. Puchniak is the Director of the National University of Singapore (NUS) Centre for Asian Legal Studies, the Editor-in-Chief of the Asian Journal of Comparative Law and an Associate Professor at NUS Law. He specialises in corporate law with an emphasis on comparative corporate law in Asia and has published widely on comparative, Asian, Singapore and Japanese corporate law and governance.

    Harald Baum, Max Planck Institute for Comparative and International Private Law
    Harald Baum serves as Senior Research Fellow and the Head of the Japanese Department at the Max Planck Institute for Comparative and International Private Law in Hamburg and as Professor of Law at the University of Hamburg. He is the executive founding editor of the Journal of Japanese Law and has authored and edited numerous books and articles on business law, corporate governance, and capital markets regulation in Germany, the EU, Japan and the US.

    Luke Nottage, University of Sydney
    Luke Nottage (B.C.A, LL.B., Ph.D., LL.M.) is Associate Director of the Centre for Asian and Pacific Law at the University of Sydney, and founding director of the Australian Network for Japanese Law and Japanese Law Links Pty Ltd. He specialises in corporate governance, foreign investment regulation, arbitration, contract law and consumer product safety law, with a particular interest in Japan and the Asia-Pacific. His other publications include Corporate Governance in the 21st Century: Japan's Gradual Transformation (2008) and Foreign Investment and Dispute Resolution Law and Practice in Asia (2011).

    Contributors

    Dan W. Puchniak, Harald Baum, Luke Nottage, Wolf-Georg Ringe, Kon Sik Kim, Gen Goto, Manabu Matsunaka, Souichirou Kozuka, Kyung-Hoon Chun, Xin Tang, Hsin-Ti Chang, Yu-Hsin Lin, Ying-Hsin Tsai, Vivienne Bath, Luh Luh Lan, Vikramaditya Khanna, Umakanth Varottil, Fady Aoun, Bruce Aronson

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