(ロイター法律) As more Chinese companies trade on U.S. stock exchanges, investors are increasingly suing them for securities fraud in U.S. 裁判所 — and slamming into a host of legal and bureaucratic barriers.

理論の, 投資家はそれを簡単に外出先を持つ必要があります. これらの中国企業, 結局, 米国に従うことに合意. securities laws when they went public and gained access to U.S. financial markets. In practice, も, the companies have been able to hide behind a thicket of Chinese laws to avoid significant liability — in large part because evidence in these matters often resides in China, where basic litigation tasks such as gathering evidence are exceedingly difficult. Depositions by private parties are not even allowed in China, and it is nearly impossible to subpoena third-party witnesses there.

The vast majority of all civil securities-fraud suits end in settlement; but with all the impediments to pursuing claims against Chinese companies, 原告’ lawyers often don’t have much leverage, そしてその結果として, cases either drag on or plaintiffs accept relatively small settlements.

確実になるまで, the hurdles in these cases aren’t exclusive to China — they frequently arise in civil litigation against companies based in non-Western countries with opaque legal systems. But China has emerged as a particularly tempting target. Twelve Chinese companies were sued in 2010, 以上のための会計 40 percent of all shareholder suits filed against foreign companies listed on U.S. 交流. That compares with 14 suits against Chinese companies in the prior three years combined, according to research by Stanford Law School and Cornerstone Research. The lawsuits allege that the companies misled shareholders by all sorts of underhanded means, from grossly inflating revenues reported in securities filings to reporting vastly different earnings to U.S. and Chinese regulatory authorities.

It’s too soon to say how the newest spate of litigation will play out, もちろんの, but if the earlier crop of lawsuits are any indication, shareholders could end up disappointed.

を介して 米国. 中国企業に対する訴訟が複数のハードルに直面する.