Description
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.
- Presents a decisive and unique debate on whether public or private enforcement is better in terms of development of securities markets
- Includes a description of public and private enforcement of securities law for prospectus and secondary misrepresentation on securities markets from 29 jurisdictions worldwide
- Provides insights into the recent and numerous developments of securities litigation
Table of Contents
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.
