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Author: Sau Wai Law
Publisher: Taylor & Francis
ISBN: 1000921956
Category : Law
Languages : en
Pages : 197
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Book Description
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.
Author: Sau Wai Law
Publisher: Taylor & Francis
ISBN: 1000921956
Category : Law
Languages : en
Pages : 197
Get Book Here
Book Description
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.
Author: Weixia Gu
Publisher:
ISBN:
Category :
Languages : en
Pages : 7
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Book Description
This article critically discusses the Lehman Brothers-related Investment Products Dispute Resolution Mediation and Arbitration Scheme and the proposed establishment of a permanent Financial Dispute Resolution Centre in Hong Kong in the light of regulatory gaps and other problems revealed by the Lehman Brothers saga.
Author: Guy Samuel Charles Lipert
Publisher: Open Dissertation Press
ISBN: 9781361043639
Category : Law
Languages : en
Pages : 206
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Book Description
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
Author: Mei Ha Katherina Lo
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages :
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Book Description
Author: Yiming Shen
Publisher:
ISBN:
Category : Banks and banking, Foreign
Languages : en
Pages : 264
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Author: Kwok Ping Tuon
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages :
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Book Description
Author: Norbert Horn
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 336
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Book Description
Whereas arbitration and non-judicial dispute settlement mechanisms are of growing importance in international economic transactions, their present and future role in financial transactions is not yet fully explored. This timely publication aims to fill this gap in the literature and includes analyses of bank remedies, direct negotiation and mediation in financial and business conflicts, debt renegotiations, restructuring of syndicated loans, arbitration in project financing, and the roles of the ICC, NAFTA and OAS. Some of the expert papers focus in particular on the role of arbitration and dispute resolution in Latin America, Greater China and Russia. Non-Judicial Dispute Settlement in International Financial Transactions is based on the edited and revised papers of an international conference--part of a global series of conferences held in 1999 on the `New International Financial Architecture'--organised by the Law Centre of European and International Cooperation (R.I.Z., Cologne), the Centre for Commercial Law Studies (London), the Asian Institute of International Financial Law (Hong Kong), and the SMU Institute of International Banking and Finance (Dallas).
Author: Hoi Wang Kevin Chan
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages :
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Book Description
Author: Shuk Ching Kwok
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages :
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Book Description
Author:
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages :
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