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.

Private Dispute Resolution in the Banking Industry

Author : Erik Moller
Publisher :
ISBN 13 : 9780833014696
Total Pages : 68 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 68 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.

Alternative Dispute Resolution Techniques Can Work for Better Sevices? The Case of Italian Banking Industry

Author : Antonella Malinconico
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Alternative Dispute Resolution Techniques Can Work for Better Sevices? The Case of Italian Banking Industry by : Antonella Malinconico

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.

Resolving Consumer Disputes

Author : Anita Stuhmcke
Publisher :
ISBN 13 :
Total Pages : 9 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Resolving Consumer Disputes by : Anita Stuhmcke

Download or read book Resolving Consumer Disputes written by Anita Stuhmcke and published by . This book was released on 2013 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade in Australia private dispute resolution schemes have come to play an increasingly central role in resolving consumer disputes with private industry. Indeed, the increase in consumer use of private dispute resolution schemes since 1990 has been described as "exponential" (Ben Slade & Christian Mikula, "How to use industry based consumer dispute resolution schemes...and why", NSW Law Society Journal, February 1998, at 58). For example, in 1997 alone it was estimated that more than 130 000 consumers relied upon these schemes to resolve disputes, 4 years later in 2001 just two private dispute resolution schemes were responsible for resolving that same number of complaints (the Australian Banking Industry Ombudsman and the Telecommunications Industry Ombudsman as per their Annual Reports). There is no doubt that the exponential growth in consumer usage of such schemes will continue given the Federal and State government's commitment to privatizing dispute resolution, through "...providing alternatives to the Courts, and to providing faster, cheaper, and simpler access to justice" (Media release, Commonwealth Attorney General, 13 June 2001, 'Standards for Alternative Dispute Resolution Launched').

Consumer Financial Dispute Resolution in a Comparative Context

Author : Shahla F. Ali
Publisher : Cambridge University Press
ISBN 13 : 110702871X
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Consumer Financial Dispute Resolution in a Comparative Context by : Shahla F. Ali

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.

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.

Private Dispute Resolution in International Business

Author : Klaus P. Berger
Publisher :
ISBN 13 : 9789041130822
Total Pages : 672 pages
Book Rating : 4.1/5 (38 download)

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Book Synopsis Private Dispute Resolution in International Business by : Klaus P. Berger

Download or read book Private Dispute Resolution in International Business written by Klaus P. Berger and published by . This book was released on 2006 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Dispute Resolution in International Business consists of two books. Volume I follows the progress of a dispute between two companies, in step-by-step detail, through negotiation, mediation, and arbitration in turn. Volume II provides precise, in.

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 New Netherlands Financial Services Complaints Tribunal (KiFiD)

Author : M. L. Hendrikse
Publisher : Uitgeverij Paris
ISBN 13 : 9077320482
Total Pages : 179 pages
Book Rating : 4.0/5 (773 download)

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Book Synopsis The New Netherlands Financial Services Complaints Tribunal (KiFiD) by : M. L. Hendrikse

Download or read book The New Netherlands Financial Services Complaints Tribunal (KiFiD) written by M. L. Hendrikse and published by Uitgeverij Paris. This book was released on 2007 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dispute Resolution in Transnational Securities Transactions

Author : Tiago Andreotti e Silva
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.:/5 (12 download)

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Book Synopsis Dispute Resolution in Transnational Securities Transactions by : Tiago Andreotti e Silva

Download or read book Dispute Resolution in Transnational Securities Transactions written by Tiago Andreotti e Silva and published by . This book was released on 2014 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This PhD thesis explores how the legal infrastructure for dispute resolution in transnational securities transactions can be improved, considering the regulatory and legal limits of the financial sector in each jurisdiction under study (US, Europe and Brazil). The two main objectives of the work are to a) identify the problems that currently exist for a dispute resolution mechanism in the securities area that can be used transnationally and b) propose solutions that can create a safe legal environment that can be used by the investor in case regulatory rules or the terms of the transaction are breached. The work is justified by the fact that financial markets are legal constructions, making legal certainty and the mechanisms available to enforce the terms of a transaction and apply regulatory rules, especially to the investor that is part of the transaction, essential for the own existence of financial markets. Therefore, the existence of transnational financial markets also depends on the existence of a transnational legal infrastructure, at least broad enough to protect the interest of investors. The argument developed through the work is that the creation of a transnational legal infrastructure depends on the type of dispute that is considered, since not only each type of dispute has its own peculiarities, but the national dispute resolution systems are also built based on the type of dispute that will be submitted to it. To create transnational dispute resolution systems for securities transactions, I propose the use of collective mechanisms of dispute resolution based on the initiative of private parties, the use of arbitration and the establishment of cooperation networks among national alternative dispute resolution mechanisms used to solve financial disputes.

Mediation and Arbitration

Author : Wah Man Raymond Siu
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (782 download)

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Book Synopsis Mediation and Arbitration by : Wah Man Raymond Siu

Download or read book Mediation and Arbitration written by Wah Man Raymond Siu and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

AAA Handbook on International Arbitration and ADR - Second Edition

Author : American Arbitration Association
Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833483
Total Pages : 492 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis AAA Handbook on International Arbitration and ADR - Second Edition by : American Arbitration Association

Download or read book AAA Handbook on International Arbitration and ADR - Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-10-01 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

Mediation for the Banking Industry in Hong Kong

Author : Cheuk Hang Wong
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (926 download)

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Book Synopsis Mediation for the Banking Industry in Hong Kong by : Cheuk Hang Wong

Download or read book Mediation for the Banking Industry in Hong Kong written by Cheuk Hang Wong and published by . This book was released on 2015 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.