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Conference Paper: Governing China’s financial disputes in the aftermath of the Global Financial Crisis of 2008

TitleGoverning China’s financial disputes in the aftermath of the Global Financial Crisis of 2008
Authors
KeywordsFinancial Crisis
Dispute Resolution
Financial Regulation
Chinese
Issue Date2011
Citation
The University of Hong Kong Center for Chinese Law Conference: From Economic Development to Human Flourishing: The Case of China, Hong Kong SAR, Hong Kong, 6-7 December 2011. How to Cite?
AbstractIn light of the recent global financial crisis of 2008, this article critically compares how China’s national arbitration commissions and local courts are responding to new challenges brought about by an increase in the number of banking related disputes. Drawing on comparative case analysis, the article examines the operation of CIETAC and the Shanghai Courts financial dispute resolution mechanisms in resolving financial disputes. Drawing on insights from selected case findings, the article provides insight into which institution is in the best position to handle financial-related cases, discusses prospects for coordination between the two and sets out proposals for further reform. Contrary to conventional wisdom indicating a general preference for arbitration over in-court litigation processes, initial findings suggest that given CIETAC’s limited exposure to banking and financial-sector disputes, in the immediate term, parties are advised to seek resolution through reference to local financial division dispute resolution mechanisms such as the financial division of the Shanghai Courts. In the long term, prospects for greater strengthening of national mechanisms such as CIETAC and the Securities Dispute Resolution scheme will provide additional avenues of recourse.
Persistent Identifierhttp://hdl.handle.net/10722/147025

 

DC FieldValueLanguage
dc.contributor.authorHuang, RHen_US
dc.contributor.authorAli, S-
dc.date.accessioned2012-05-23T05:53:50Z-
dc.date.available2012-05-23T05:53:50Z-
dc.date.issued2011en_US
dc.identifier.citationThe University of Hong Kong Center for Chinese Law Conference: From Economic Development to Human Flourishing: The Case of China, Hong Kong SAR, Hong Kong, 6-7 December 2011.en_US
dc.identifier.urihttp://hdl.handle.net/10722/147025-
dc.description.abstractIn light of the recent global financial crisis of 2008, this article critically compares how China’s national arbitration commissions and local courts are responding to new challenges brought about by an increase in the number of banking related disputes. Drawing on comparative case analysis, the article examines the operation of CIETAC and the Shanghai Courts financial dispute resolution mechanisms in resolving financial disputes. Drawing on insights from selected case findings, the article provides insight into which institution is in the best position to handle financial-related cases, discusses prospects for coordination between the two and sets out proposals for further reform. Contrary to conventional wisdom indicating a general preference for arbitration over in-court litigation processes, initial findings suggest that given CIETAC’s limited exposure to banking and financial-sector disputes, in the immediate term, parties are advised to seek resolution through reference to local financial division dispute resolution mechanisms such as the financial division of the Shanghai Courts. In the long term, prospects for greater strengthening of national mechanisms such as CIETAC and the Securities Dispute Resolution scheme will provide additional avenues of recourse.-
dc.languageengen_US
dc.relation.ispartofFrom Economic Development to Human Flourishing: The Case of China, Hong Kong SARen_US
dc.rightsCreative Commons: Attribution 3.0 Hong Kong License-
dc.subjectFinancial Crisis-
dc.subjectDispute Resolution-
dc.subjectFinancial Regulation-
dc.subjectChinese-
dc.titleGoverning China’s financial disputes in the aftermath of the Global Financial Crisis of 2008en_US
dc.typeConference_Paperen_US
dc.identifier.emailAli, S: sali@hku.hken_US
dc.identifier.authorityAli, S=rp01236en_US
dc.description.naturepostprint-
dc.identifier.hkuros199818en_US
dc.description.otherThe University of Hong Kong Center for Chinese Law Conference: From Economic Development to Human Flourishing: The Case of China, Hong Kong SAR, Hong Kong, 6-7 December 2011.-

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