File Download
  Links for fulltext
     (May Require Subscription)
  • Find via Find It@HKUL
Supplementary

Article: Alternative dispute resolution design in financial markets - Some more equal than others: Hong Kong’s proposed Financial Dispute Resolution Centre in the context of the experience in the United Kingdom, United States, Australia and Singapore

TitleAlternative dispute resolution design in financial markets - Some more equal than others: Hong Kong’s proposed Financial Dispute Resolution Centre in the context of the experience in the United Kingdom, United States, Australia and Singapore
Authors
Issue Date2012
PublisherUniversity of Washington, School of Law. The Journal's web site is located at http://www.law.washington.edu/PacRim
Citation
Pacific Rim Law & Policy Journal, 2012, v. 21 n. 3, p. 485-531 How to Cite?
AbstractSystems of financial dispute resolution currently operate in most major financial centers throughout the world. As such systems expand and develop to address a growing number of finance-related disputes, they must inevitably address the question of their role and function in financial market regulation. Such questions are rooted in the larger socio-legal dispute processing debate examining how institutional dispute resolution mechanisms effectively regulate the repeat player knowledge/power gap through appropriate policies and procedures. Using the example of Hong Kong in comparison with financial dispute resolution models currently in existence in the United Kingdom, Australia, Singapore, and the United States, this article finds that the appropriateness of a dispute resolution method is arguably informed by whether it takes on a regulatory or non-regulatory role. Regulatory dispute resolution modes taking on inquisitorial elements may be preferred when displacing the judicial function as they incorporate safeguards for disputants against the discretion of the third party intervener. But even for non-regulatory schemes, inquisitorial elements aimed at addressing the power/knowledge gap including suggesting the provision of information regarding relevant standards and rules, at least as touchstones, may still be incorporated into consensual models of dispute resolution, which aim to ensure a de minimis level of equity and fairness in the process.
Persistent Identifierhttp://hdl.handle.net/10722/146874
ISSN

 

DC FieldValueLanguage
dc.contributor.authorAli, SFen_US
dc.contributor.authorDa Rosa, A-
dc.date.accessioned2012-05-23T05:43:30Z-
dc.date.available2012-05-23T05:43:30Z-
dc.date.issued2012en_US
dc.identifier.citationPacific Rim Law & Policy Journal, 2012, v. 21 n. 3, p. 485-531en_US
dc.identifier.issn1066-8632-
dc.identifier.urihttp://hdl.handle.net/10722/146874-
dc.description.abstractSystems of financial dispute resolution currently operate in most major financial centers throughout the world. As such systems expand and develop to address a growing number of finance-related disputes, they must inevitably address the question of their role and function in financial market regulation. Such questions are rooted in the larger socio-legal dispute processing debate examining how institutional dispute resolution mechanisms effectively regulate the repeat player knowledge/power gap through appropriate policies and procedures. Using the example of Hong Kong in comparison with financial dispute resolution models currently in existence in the United Kingdom, Australia, Singapore, and the United States, this article finds that the appropriateness of a dispute resolution method is arguably informed by whether it takes on a regulatory or non-regulatory role. Regulatory dispute resolution modes taking on inquisitorial elements may be preferred when displacing the judicial function as they incorporate safeguards for disputants against the discretion of the third party intervener. But even for non-regulatory schemes, inquisitorial elements aimed at addressing the power/knowledge gap including suggesting the provision of information regarding relevant standards and rules, at least as touchstones, may still be incorporated into consensual models of dispute resolution, which aim to ensure a de minimis level of equity and fairness in the process.-
dc.languageengen_US
dc.publisherUniversity of Washington, School of Law. The Journal's web site is located at http://www.law.washington.edu/PacRim-
dc.relation.ispartofPacific Rim Law & Policy Journalen_US
dc.titleAlternative dispute resolution design in financial markets - Some more equal than others: Hong Kong’s proposed Financial Dispute Resolution Centre in the context of the experience in the United Kingdom, United States, Australia and Singaporeen_US
dc.typeArticleen_US
dc.identifier.emailAli, SF: sali@hku.hken_US
dc.identifier.authorityAli, SF=rp01236en_US
dc.description.naturelink_to_subscribed_fulltext-
dc.identifier.hkuros199812en_US
dc.identifier.hkuros223981-
dc.identifier.volume21-
dc.identifier.issue3-
dc.identifier.spage485-
dc.identifier.epage531-
dc.publisher.placeUnited States-

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats