The Chinese 'oppression' remedy : creative interpretations of company law by Chinese courts

This is the first detailed study of the Chinese oppression remedy under the PRC Company Law (Article 20.1-2). Compared to UK, Canadian and Australian equivalents, the wording of the Chinese remedy is vague, and the Supreme People‟s Court has not clarified its meaning. Yet Chinese courts have created a body of de facto case precedents and made the remedy into an effective tool for minority shareholders to gain redress for a broad range of wrongs committed by abusive shareholders. Such use of case precedents should be formalized in China to bring more predictability to statutory interpretation.