The Development of Modern Corporate Governance in China and India

CHINA, INDIA AND THE INTERNATIONAL ECONOMIC ORDER, M. Sornarajah and J. Wang, eds., Cambridge University Press, 2010

U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-021

37 Pages Posted: 5 Oct 2010 Last revised: 19 Oct 2012

Nicholas Calcina Howson

University of Michigan Law School

Vikramaditya S. Khanna

University of Michigan Law School

Date Written: October 5, 2010

Abstract

This chapter examines the development of corporate governance in the world’s two biggest and fastest growing emerging markets - China and India. Although both countries are different in important ways, they also share significant similarities such as rapid economic development, significant foreign investment, economic, structural and legal reform, and a shared interest in (if not implementation of) essentially Anglo-American corporate law norms. These differences and similarities provide an interesting and rich platform for consideration of popular or contested corporate governance precepts. In particular, after an extensive discussion of corporate governance reforms in both countries and corporatization in China, we examine the impact of “legal origins” (common law or civil law) as compared to “politics” on the development of corporate governance and stock markets in both countries. In addition, we focus on the question of whether India and China provide supporting or contradicting evidence for some kind of global convergence in corporate law. We find that the support for the “legal origins” view is not strong, but rather the “politics” accounts seem more convincing as explanations for corporate governance and stock market development in India and China. Further, while there is a good deal of evidence of partial formal convergence in corporate law, we cannot identify the same or expected convergence in ownership or corporate structure. This creates an odd fit between corporate and securities law and the corporations they shape and regulate, suggesting some significant path dependence for these two important economies.

Keywords: People's Republic of China, India, corporate governance reform, Global Financial Crisis

JEL Classification: F02, G34

Suggested Citation

Howson, Nicholas Calcina and Khanna, Vikramaditya S., The Development of Modern Corporate Governance in China and India (October 5, 2010). CHINA, INDIA AND THE INTERNATIONAL ECONOMIC ORDER, M. Sornarajah and J. Wang, eds., Cambridge University Press, 2010; U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-021. Available at SSRN: https://ssrn.com/abstract=1687757 or http://dx.doi.org/10.2139/ssrn.1687757

Nicholas Calcina Howson (Contact Author)

University of Michigan Law School ( email )

701 South State Street
3234 South Hall
Ann Arbor, MI 48109-3091
United States

Vikramaditya S. Khanna

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
734-615-6959 (Phone)

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