Private Dispute Resolution In The Banking Industry

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Private Dispute Resolution in the Banking Industry

Author : Erik Moller
Publisher :
ISBN 13 : 9780833014696
Total Pages : 47 pages
Book Rating : 4.0/5 (146 download)

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Book Synopsis Private Dispute Resolution in the Banking Industry by : Erik Moller

Download or read book Private Dispute Resolution in the Banking Industry written by Erik Moller and published by . This book was released on 1993 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph examines the use of private alternative dispute resolution (private ADR) by firms in the banking industry in response to a perceived liability crisis in the 1980's. The firms tested a procedure with which they were familiar, contractual arbitration provisions, initially in those contracts which were the source of the greatest liability concern and the most litigation cost. The firms stated that they were most interested in reducing the likelihood of punitive damages and eliminating the unpredictability of juries. Interviews indicate satisfaction with the private ADR program. Data collected from one firm show that the number of new cases filed against that firm in those areas, and the expected liability from these cases, declined after the introduction of the provisions. However, the actual funds paid for verdicts and settlements in these areas increased. Despite these conflicting results, the future for private ADR appears to be bright in this industry.

Banking and Finance Dispute Resolution in Hong Kong

Author : Sau Wai Law
Publisher : Taylor & Francis
ISBN 13 : 1000921956
Total Pages : 197 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Banking and Finance Dispute Resolution in Hong Kong by : Sau Wai Law

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.

A History of Alternative Dispute Resolution

Author : Jerome T. Barrett
Publisher : John Wiley & Sons
ISBN 13 : 0787975427
Total Pages : 330 pages
Book Rating : 4.7/5 (879 download)

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Book Synopsis A History of Alternative Dispute Resolution by : Jerome T. Barrett

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.

Non-Judicial Dispute Settlement in International Financial Transactions

Author : Norbert Horn
Publisher : Springer
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Non-Judicial Dispute Settlement in International Financial Transactions by : Norbert Horn

Download or read book Non-Judicial Dispute Settlement in International Financial Transactions written by Norbert Horn and published by Springer. This book was released on 2000-11-08 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Resolving Banking Disputes Through Alternative Dispute Resolution

Author :
Publisher :
ISBN 13 :
Total Pages : 4 pages
Book Rating : 4.:/5 (91 download)

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Book Synopsis Resolving Banking Disputes Through Alternative Dispute Resolution by :

Download or read book Resolving Banking Disputes Through Alternative Dispute Resolution written by and published by . This book was released on 1990 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Alternative Dispute Resolution

Author : Nancy F. Atlas
Publisher : American Bar Association
ISBN 13 : 9781570738128
Total Pages : 764 pages
Book Rating : 4.7/5 (381 download)

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Book Synopsis Alternative Dispute Resolution by : Nancy F. Atlas

Download or read book Alternative Dispute Resolution written by Nancy F. Atlas and published by American Bar Association. This book was released on 2000 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines various ADR practices, giving you the information you need to evaluate each technique and successfully apply them. Includes numerous checklists, practice tips and sample agreements.

International Financial Disputes

Author : Jeffrey Golden
Publisher : Oxford University Press, USA
ISBN 13 : 9780199687862
Total Pages : 0 pages
Book Rating : 4.6/5 (878 download)

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Book Synopsis International Financial Disputes by : Jeffrey Golden

Download or read book International Financial Disputes written by Jeffrey Golden and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to focus on the arbitration of international financial disputes, this work provides an invaluable reference work on issues that are particularly relevant to claims involving financial products.

ABA Journal

Author :
Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis ABA Journal by :

Download or read book ABA Journal written by and published by . This book was released on 1994-12 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Public and Private International Laws, Aspects of the Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (654 download)

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Book Synopsis Public and Private International Laws, Aspects of the Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers by :

Download or read book Public and Private International Laws, Aspects of the Resolution of Disputes Between Foreign Banks and Chinese Sovereign Borrowers written by and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Powers and Duties of an Arbitrator

Author : Patricia Shaughnessy
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184147
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Powers and Duties of an Arbitrator by : Patricia Shaughnessy

Download or read book The Powers and Duties of an Arbitrator written by Patricia Shaughnessy and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of the arbitrator’s powers in arbitration proceedings has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, none have focused on this issue more than Dr. Pierre A. Karrer. Dr. Karrer is celebrated here on the occasion of his seventy-fifth birthday by more than thirty leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, his extensive professional career. Following Dr. Karrer’s primary interests, notably his advocacy of a strong arbitrator role in proceedings as evidenced in his lectures, presentations, and publications as well as in his own arbitrations, the contributions in this book consider such questions as the following: ·What are the sources of an arbitrator’s power? ·What are the limits of an arbitrator’s power? ·Should arbitrators have a role in encouraging settlement? ·May arbitrators regulate and impose sanctions against counsel? ·How managerial should arbitrators be? ·What are the duties and liabilities of arbitrators? ·What is the nature of the arbitrator’s relationship to arbitral institutions? ·Are emergency arbitrators actually ‘arbitrators’? ·Should arbitrators raise issues of arbitrability and public policy ex officio? ·To what extent may arbitrators delegate tasks and use tribunal secretaries? With its in-depth perspectives on the arbitrator’s role, powers, and duties in an arbitration proceeding, and its extensive analysis of some of the most timely and controversial issues in arbitration today, this book offers an abundance of thought-provoking yet also practical commentary and guidance for practitioners and academics in the field of international arbitration and international commercial law.

Online Dispute Resolution for Consumers in the European Union

Author : Pablo Cortés
Publisher : Routledge
ISBN 13 : 1136943501
Total Pages : 283 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Online Dispute Resolution for Consumers in the European Union by : Pablo Cortés

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.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Creeping Codification of the New Lex Mercatoria

Author : Klaus Peter Berger
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131795
Total Pages : 466 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Creeping Codification of the New Lex Mercatoria by : Klaus Peter Berger

Download or read book The Creeping Codification of the New Lex Mercatoria written by Klaus Peter Berger and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.

Arbitration and Mediation in International Business

Author : Christian Bühring-Uhle
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122567
Total Pages : 334 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Arbitration and Mediation in International Business by : Christian Bühring-Uhle

Download or read book Arbitration and Mediation in International Business written by Christian Bühring-Uhle and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Arbitration and mediation in international business was first published in 1996 and was one of the first comprehensive studies on the practice of international business dispute resolution, covering both international commercial arbitration and the so-called ?alternative? techniques such as mediation. The book also provided an empirical analysis of how both arbitration and mediation are conducted in a crossborder context, along with a normative guide to the relative costs and benefits of these two methods. This second edition is not just an updated version of the first edition but a new book in itself: Benefitting from the contributions of two co-authors, the work has been enhanced by discussions of innovative tools for making settlement negotiations more effective, and by the in-depth analysis of practical techniques to integrate mediation and arbitration in international business. Also, a comprehensive new empirical survey was conducted in order to capture new trends in this rapidly developing field. The result is a ?must have? resource for anyone having to deal with potential conflict in international business relationships."--Publisher's website.

Annual Report to the Governor and the Legislature, ...

Author : Texas. State Board of Control
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Annual Report to the Governor and the Legislature, ... by : Texas. State Board of Control

Download or read book Annual Report to the Governor and the Legislature, ... written by Texas. State Board of Control and published by . This book was released on 1921 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Ombudsman, Good Governance, and the International Human Rights System

Author : Linda C. Reif
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004139036
Total Pages : 442 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Ombudsman, Good Governance, and the International Human Rights System by : Linda C. Reif

Download or read book The Ombudsman, Good Governance, and the International Human Rights System written by Linda C. Reif and published by Martinus Nijhoff Publishers. This book was released on 2004-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: In addition to the ombudsman community this book will be of interest to practitioners, academics, students and others in the fields of international law, international and domestic human rights law, comparative law, political science and public administration.

Regulating Dispute Resolution

Author : Felix Steffek
Publisher : A&C Black
ISBN 13 : 1782253580
Total Pages : 485 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Regulating Dispute Resolution by : Felix Steffek

Download or read book Regulating Dispute Resolution written by Felix Steffek and published by A&C Black. This book was released on 2014-07-18 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a principled approach to the regulation of dispute resolution. It covers dispute resolution mechanisms in all their varieties, including negotiation, mediation, conciliation, expert opinion, mini-trial, ombud procedures, arbitration and court adjudication. The authors present a transnational Guide for Regulating Dispute Resolution (GRDR). The regulatory principles contained in this Guide are based on a functional taxonomy of dispute resolution mechanisms, an open normative framework and a modular structure of regulatory topics. The Guide for Regulating Dispute Resolution is formulated and commented upon in a concise manner to assist legislators, policy-makers, professional associations, practitioners and academics in thinking about which solutions best suit local and regional circumstances. The aim of this book is to contribute to the understanding and development of the legal framework governing national and international dispute resolution. Theory, empirical research and regulatory models have been taken from the wealth of experience in 12 jurisdictions: Austria, Belgium, Denmark, England and Wales, France, Germany, Italy, Japan, the Netherlands, Norway, Switzerland and the United States of America. Experts with a background in academia, practice and law-making describe and analyse the regulatory framework and social reality of dispute resolution in these countries. On this basis the authors draw conclusions about policy choices, regulatory strategies and the practice of conflict resolution. This title is included in Bloomsbury Professional's International Arbitration online service.