Translated by Yuan Yue.
In the afternoon of April, 8th, 2016, the fourth overseas legal forum in 2016 was held in 2nd-floor conference room in the law school building. Dr. Lee Joseph, senior lecturer at the University of Exeter, UK, was invited to Shanghai University of Finance and Economics to give a lecture about “Intra-Corporate Dispute Arbitration and Minority Shareholder Protection: A Corporate Governance Perspective” This lecture was held by Teacher Pan Hong of law school. Vice Dean, vice professor Ge Weijun, Lecturer Fan Jian and some doctors attended this lecture.
Doctor Joseph Lee, analyzed the legal basis, scope of application and other basic theories, of the internal dispute arbitration (ICD) from the perspective of corporate governance, simply and informatively, and discussed how to use the ICD arbitration protect the legitimate rights and interests of minority shareholders through relevant cases. He pointed out that lawsuit is not the most favorable to British listed Company to implement corporate governance. The experience of American companies' ICD arbitration was worth learning, but not have to be completely transplanted to the United Kingdom. The experience of the United States indicated that ICD arbitration, the British soft method, and market sanctions could provide compensation for shareholders to achieve the objectives of management responsibility, while not damage the company's image, abuse investors' role in the market or any other negative effects. He believes that the company's articles of association should be the basis of controlling ICD Arbitration, derivative actions and multi litigation. In order to ensure the portfolio company can fulfill the management responsibilities for investors' interest, ICD Arbitration can be one of the right to request in the management of the UK's fund industry.
During the whole lecture, audience asked questions actively, the atmosphere was friendly. At the end of the lecture, Dr. Lee Joseph answered some of the questions of the teachers and students, and exchanged views on relevant issues.