Download or read book Is ADR an Effective Way to Solve Customer Disputes in Financial Services Industry in Hong Kong written by Wai Ching Lee and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution of Shareholder Disputes in Hong Kong written by Ida Kwan Lun Mak and published by Cambridge University Press. This book was released on 2019-12-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.
Download or read book Banking and Finance Dispute Resolution in Hong Kong written by Sau Wai Law and published by Taylor & Francis. This book was released on 2023-08-25 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of ‘naming, blaming, claiming’ in the application of arbitration for private banking dispute resolution. The author focuses on examining this issue using Hong Kong as a case in point, blending theory and empirical evidence to unveil how disputes are resolved within the banking and finance industry, which will enable them to explore possible effective and efficient mechanisms to resolve financial disputes. The book offers a comprehensive review of the laws and regulations governing the private banking industry in Hong Kong and selected jurisdictions, as well as how they are implemented. It examines the clients’ perceptions through an innovative methodology for empirical studies. Describing how clients react to the laws and regulations and the potential adverse impacts to the stability of the banking industry, the author identifies possible factors that could trigger another financial crisis. Synthesising his analysis, the author proposes newly discovered self-corrective mechanisms embedded among clients and concludes with policy recommendations. Directly relevant to banking practitioners, particularly legal and compliance departments, and senior management, the book is also written for legal professionals interested in the practices of dispute resolution in banking and finance. Additional readerships will include bank regulators, government officials, policy makers, researchers, and those involved in courses in banking and financial law, as well as Arbitration and Dispute Resolution.
Download or read book A Handbook of Dispute Resolution written by Karl J Mackie and published by Routledge. This book was released on 2013-01-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.
Download or read book ADR and the Financial Services Industry written by American Bar Association. Section of Business Law. Meeting and published by . This book was released on 1997 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Alternative Dispute Resolution Adr written by Stephen E. Altman and published by DIANE Publishing. This book was released on 1999-02 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains: reasons for using Alternative Dispute Resolution (ADR); the types of ADR that have made available to employees through procedures other than those under collective bargaining agree., & the extent to which they have put these ADR processes in place; & the results achieved by using ADR. Examines a number of private companies & fed. agencies &: their experiences in planning & implementing ADR processes; the extent to which they evaluated their ADR processes & to which they reported that these processes have been successful in resolving workplace disputes; & the lessons they learned in planning, implementing, & evaluating their ADR processes.
Download or read book Online Dispute Resolution written by Net Neutrals EU and published by AuthorHouse. This book was released on 2015-11-30 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Online Dispute Resolution Practical examples of Alternative Dispute Resolution in the US and EU - a handbook for best practice today and tomorrow A Promise Unfulfilled and What to Do About It - Complaint Handling Now Marc Grainer; Scott Broetzmann, David Beinhacker, and Richard Grainer Online Dispute Resolution - Designing Systems for Effective Dispute Settlement - a US practitioner perspective Jo DeMars Online Dispute Resolution for Business - Embedding Online Dispute Resolution in the Civil Justice System Pablo Cortes Consumer Trust and Business Benefits with ODR Immaculada Barral-Vials Where Law, Technology, Theory and Practice Overlap: Enforcement Mechanisms and System Design Riika Koulu The Experience of Combining Traditional Face to Face Dispute Resolution Mediation with an Online Dispute Resolution Tool - Benefits and Challenges Amy Koltz Online Dispute Resolution Decision Making - A NetNeutrals Practitioner's View Katherine G. Newcomer One Man's View of One Country - ADR & ODR and the future of complaint management in the UK Adrian Lawes
Download or read book Consumer Financial Dispute Resolution in a Comparative Context written by Shahla F. Ali and published by Cambridge University Press. This book was released on 2013-03-14 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shahla F. Ali presents comparative empirical research about the design of consumer financial dispute resolution mechanisms in Asia, America and Europe.
Download or read book A History of Alternative Dispute Resolution written by Jerome T. Barrett and published by John Wiley & Sons. This book was released on 2004-10-19 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Alternative Dispute Resolution offers a comprehensive review of the various types of peaceful practices for resolving conflicts. Written by Jerome Barrett—a longtime practitioner, innovator, and leading historian in the field of ADR—and his son Joseph Barrett, this volume traces the evolution of the ADR process and offers an overview of the precursors to ADR, including negotiation, arbitration, and mediation. The authors explore the colorful beginnings of ADR using illustrative examples from prehistoric Shaman through the European Law Merchant. In addition, the book offers the historical context for the use of ADR in the arenas of diplomacy and business.
Download or read book Alternative Dispute Resolution Techniques Can Work for Better Sevices The Case of Italian Banking Industry written by Antonella Malinconico and published by . This book was released on 2014 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alternative dispute resolution techniques (ADR), including arbitration, have served as an essential release valve for the country's overburdened civil justice system.The European Union has given momentum to ADR in disputes involving the banking and financial sector. In Italy, the Arbitro Bancario e Finanziario has recently been established to settle disputes between intermediaries and their customers. It has provided a cheaper, faster, more effective forum for a variety of disputes.The paper begins with an outline of the goals of this alternative dispute resolution techniques that improving consumer access to remedies, thereby increasing consumer satisfaction and confidence in engaging in transactions in the financial market.In our empirical analysis we will refer to the statistics on Italian bank dispute in retail bank service, publicity available at Bank of Italy website in order to evaluate how the banks fail to deliver minimum standards of service and product quality and to assess the influence of reputational risk on banks' behaviour.
Download or read book Enforcement and Effectiveness of Consumer Law written by Hans-W. Micklitz and published by Springer. This book was released on 2018-07-06 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focusses on the enforcement of consumer law in order to identify commonalities and best practices across nations. It is composed of twenty-eight contributions from national rapporteurs to the IACL Congress in Montevideo in 2016 and the introductory comparative general report. The national contributors are drawn from across the globe, with representation from Africa (1), Asia (5), Europe (15), Oceania (2) and the Americas (5). The general report proposes a general introduction to the question of enforcement and effectiveness of consumer law. It then proceeds to identify the variety of ways in which national legislatures approach this question and the diversity of mechanisms put in place to address it. The general report uses examples drawn from the reports to illustrate common approaches and to identify more original or distinct unique approaches, taking into account the reported strengths and weaknesses of each. The general report consistently points readers to particular national reports on specific issues, inviting readers to consult these individual contributions for more details. The national contributions deal with the following areas: the national legal framework for consumer protection, the general design of the enforcement mechanism, the number and characteristics of consumer complaints and disputes, the use of courts and specialized agencies for the enforcement of consumer law, the role of consumer organizations and of private regulation in the enforcement of consumer law, the place of collective redress mechanism and of alternative dispute resolution modes, the sanctions for breaches of consumer law and the nature of external relations or cooperation with other countries or international organizations. These enriching national and international perspectives offer a comprehensive overview of the current state of consumer law around the globe.
Download or read book Practical ADR written by Stephen D. York and published by . This book was released on 1996 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wilkinson's Road Traffic Offences' is an authoritative text on road traffic offences in England and Wales. This supplement to the 21st edition is useful for keeping practitioners updated with new developments
Download or read book Consumer Protection in Asia written by Geraint Howells and published by Bloomsbury Publishing. This book was released on 2022-08-25 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.
Download or read book CONSUMERS BANKS IN DISPUTE written by Guy Samuel Charles Lipert and published by Open Dissertation Press. This book was released on 2017-01-26 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation, "Consumers and Banks in Dispute: From Litigation to Mediation: How Outlier Consumers and Banks in Hong Kong Engaged in Dispute Resolution in the Wake of GFC" by Guy Samuel Charles, Lipert, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: This paper presents a study of consumers and banks in dispute and undergoing dispute resolution, in particular, mediation in the years 2008 to 2013 following the Global Financial Crisis (GFC). The central question of this study was whether mediation provided a level playing field for consumers to engage with financial institutions in the resolution of their disputes? The study, though based on the results of a small qualitative study conducted in Hong Kong, shows that during this period, when consumers and banks were in dispute, the path to mediation was anything but straight forward and anomalies were at play. Despite the creation of scheme mediation, for these consumers, at least, it was not an option open to them and they had to litigate to get to mediation. For both consumers and banks, mediation represented a new milestone in the resolution of their dispute, a substitute for litigation - a kind of mini-trial, towards which the consumers and banks engaged in a war of attrition to pressure each other into giving in or settling on their terms. On the one hand, the consumers who took on the banks appeared to be a minority - outliers, who were determined, resourceful and adversarial but prepared to game the system to pursue the resolution of their dispute. The banks, on the other hand, when defending against or pursuing consumers, simply invested sufficient resources into dispute resolution in an attempt to overwhelm their adversary. These disputes seem to reveal the emergence of a more competent and combative consumer whose engagement in mediation in its own way resembles that of the better resourced corporate repeat player, albeit without the same resource advantages and bargaining endowments. In short, David resembled Goliath in an asymmetric disputing landscape. The playing field might not be even, in light of the resources required to remain in the disputing game, but occasionally the consumer will come out on top, though not with ease, as the outlier consumers did in this research. Subjects: Dispute resolution (Law) Consumer protection - Law and legislation - China - Hong Kong Banking law - China - Hong Kong
Download or read book Global Perspectives on ADR written by Carlos Esplugues Mota and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area, with the aim of providing citizens with the opportunity to resolve their disputes outside State courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation, and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. It examines the various ADR devices present in relevant countries, including the US, Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, the Philippines, Singapore, South Korea, and Thailand. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyzes subjects covered by ADR devices, the existing legal regime, and its solutions and problems. Written by leading practitioners and scholars, the book provides a clear image of the existing framework from a legal, theoretical, and practical standpoint. It will be essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world. [Subject: Alternative Dispute Resolution, International Law, Comparative Law, Commercial Law]
Download or read book A Study on Alternative Dispute Resolution and Cross border Complaints in Europe written by and published by Nordic Council of Ministers. This book was released on 2002 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: 4. THE NORDIC ADR SYSTEMS
Download or read book Online Dispute Resolution for Consumers in the European Union written by Pablo Cortés and published by Routledge. This book was released on 2010-09-13 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
