China’s Shareholders On Behalf Of The Arbitration System

When the company’s legitimate rights and interests against the company’s internal or external, company management is lazy or give up relief, and the company signed an arbitration agreement. The minority shareholders can not bring the proceedings of the shareholders’ representatives on how to relief.Regarding this, there is no relevant provisions. In this paper believe that, only build shareholder on behalf of the arbitration system, in order to effectively compensate for this aspect of the legal gaps. Shareholders on behalf of the arbitration system of great significance to build modern corporate governance. Shareholders on behalf of the arbitration system as the research object, meaning characteristics and its built features in-depth analysis of the background by the shareholders on behalf of the arbitration system, explore the theoretical basis of the shareholder representatives arbitration, arbitration of shareholder representatives will apply provided that the company, Also investigated through comparative study of foreign shareholders shareholders ’representative action legislation and Taiwan of China on the provisions of the shareholders’ representative action system. Based on the legislative and judicial practice of China’s shareholder representative litigation, in-depth discussion on the construction of shareholders on behalf of the arbitration system,this article is divided into four parts:The first part outlines the shareholders on behalf of the meaning of the arbitration, characteristics and function;The second part discusses the theoretical basis proposed arbitration of shareholder representatives, including the shareholders’ representative action theory expansion theory and the effectiveness of the arbitration agreement. Arbitration of shareholder representatives and shareholders ’representative action has similar characteristics to build shareholder on behalf of the arbitration system, you must learn from the shareholders’ representative action; and the effectiveness of the arbitration agreement to expand, making the effect of arbitration agreement not only to rigidly adhere to the signatories, its signature the third party has the same effect, these are to build the theoretical basis of the shareholder representatives arbitration;The third part discusses the applicable premise of the shareholders on behalf of the arbitration system in the company, analysis of the situation within the company and its directors, supervisors and senior management personnel to enter into an arbitration agreement that the arbitration clause can be written to the Articles of Association can beentered into an employment contract, signed the arbitration agreement, as minority shareholders filed a shareholder on behalf of a prerequisite for arbitration;The fourth part, with reference to foreign and our shareholders on behalf of the litigation system, the view that the construction of the shareholders on behalf of the arbitration system should be constructed from the parties, pre-procedure and legal consequences in terms of the shareholders on behalf of the arbitration system.