Global Securities Litigation and Enforcement
Cambridge University Press, 1/3/2019
EAN 9781107108608, ISBN10: 1107108608
Hardcover, 1154 pages, 23.5 x 15.7 x 6.3 cm
Language: English
Global Securities Litigation and Enforcement provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in cases of misrepresentation on financial markets. It covers 29 jurisdictions worldwide, some of them are important although their law is not well known. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators. The book also provides a comprehensive contribution debate on whether public or private enforcement is preferable in terms of development of securities markets. It will appeal to those interested in the legal origins theory and in comparative securities law, and shows that the classification of jurisdictions within legal families does not explain the differences in legal regimes. While US securities law often serves as a model for international convergence, some of its elements, such as securities class actions, have not been adopted worldwide.
Preface Pierre-Henri Conac and Martin Gelter
Part I. General Report
1. Introduction Martin Gelter
Part II. The Americas
2. United States
the protection of minority investors and compensation of their losses Franklin A. Gevurtz
3. Canada
the protection of minority investors and the compensation of their losses Stéphane Rousseau
4. Brazil
the protection of minority investors and compensation for their losses Viviane Muller Prado
5. Mexico
toward investor protection in global capital markets? The promise and challenges of Mexico's securities enforcement system Eugenio J. Cárdenas
Part III. European Union
6. Austria
securities litigation and enforcement Martin Gelter and Michael Pucher
7. Finland
protecting minority investors and compensating their losses Ville Pönkä
8. France
the compensation of investors' losses for misrepresentation on financial markets Pierre-Henri Conac
9. Germany
liability for incorrect capital market information Dirk A. Verse
10. Greece
public enforcement and civil litigation in the Greek paradigm of minority investor protection Emmanuel P. Mastromanolis
11. Italy
the protection of minority investors and the compensation of their losses Guido Ferrarini and Paolo Giudici
12. Netherlands
protection of minority investors and the compensation of their losses Loes Lennarts and Joti Roest
13. Poland
investor protection in the Polish capital market – selected issues Mariola Lemonnier
14. Portugal
the legal framework of the Portuguese capital market Paulo de Tarso Domingues
15. Romania
the protection of minority investors and the compensation of their losses Gheorghe Buta
16. Spain
minority investors protection in Spain
civil liability remedies under securities law Mónica Fuentes Naharro
17. United Kingdom
a confidence trick
Ex Ante versus Ex Post frameworks in minority investor protection Iris H.-Y. Chiu
Part IV. Other European Countries
18. Russia
Russian capital markets and shareholder litigation
Quo Vadis? Yuliya Guseva
19. Serbia
the protection of minority investors and the compensation of their losses Mirko Vasiljević, Jelena Lepetić and Jasna Vasiljević
Part V. The Middle-East
20. Israel
the protection of minority investors and the compensation of their losses Uriel Procaccia
21. Turkey
the protection of minority investors and the compensation of their losses in Turkish capital markets Ferna İpekel Kayalı
Part VI. Africa
22. South Africa
investor protection Piet Delport
Part VII. The Indian Subcontinent
23. India
the efficacy of India's legal system as a tool for investor protection Umakanth Varottil
24. Pakistan
securities litigation and enforcement Syed Imad-ud-Din Asad and Rana Touseef Sami
Part VIII. East and Southeast Asia
25. China
private securities litigation
law and practice Robin Hui Huang
26. Japan
the protection of minority investors and the compensation of their losses Eiji Takahashi and Tatsuya Sakamoto
27. Malaysia
protection of minority investors in the capital market
public enforcement and shareholders' litigation Aiman Nariman Mohd-Sulaiman
28. South Korea
protection of minority investors in capital markets Kyung-Hoon Chun
29. Taiwan
investor protection in Taiwan's capital market Wang-Ruu Tseng
Part IX. Australia
30. Australia
the protection of minority investors and the compensation of their losses Olivia Dixon and Jennifer G. Hill.