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Governing China’S Financial Disputes In The Aftermath Of The Global Financial Crisis Of 2008, Shahla F. Ali, Robin (Hui) Huang
Governing China’S Financial Disputes In The Aftermath Of The Global Financial Crisis Of 2008, Shahla F. Ali, Robin (Hui) Huang
Shahla F. Ali
In 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. …
Governing China’S Financial Disputes In The Aftermath Of The Global Financial Crisis Of 2008, Shahla F. Ali, Robin (Hui) Huang
Governing China’S Financial Disputes In The Aftermath Of The Global Financial Crisis Of 2008, Shahla F. Ali, Robin (Hui) Huang
Shahla F. Ali
In 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. …
Governing China’S Financial Disputes In The Aftermath Of The Global Financial Crisis Of 2008, Shahla F. Ali, Hui (Robin) Huang
Governing China’S Financial Disputes In The Aftermath Of The Global Financial Crisis Of 2008, Shahla F. Ali, Hui (Robin) Huang
Shahla F. Ali
In 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. …
Resolving Financial Disputes In The Context Of Global Civil Justice Reform, Shahla F. Ali
Resolving Financial Disputes In The Context Of Global Civil Justice Reform, Shahla F. Ali
Shahla F. Ali
In recent years, many countries have increased their use of alternative mechanisms of dispute resolution to resolve a growing number of financial and commercial disputes. This trend has been supported by civil justice reforms including those within the United Kingdom, Hong Kong, Australia, and Canada. The United States, while a common law jurisdiction, nevertheless has seen the growth of appellate mediation programs based on Rule 33 of the Federal Rules of Appellate Procedure. Such reforms have aimed at encouraging cost effective, expeditious and amicable case handling within the civil justice system. Drawing on comparative cross-jurisdictional analysis, this paper reviews the …
Globalization And Financial Dispute Resolution: A View From Hong Kong, Shahla F. Ali
Globalization And Financial Dispute Resolution: A View From Hong Kong, Shahla F. Ali
Shahla F. Ali
Recent financial dislocation indicates that in many respects the world’s financial markets are increasingly operating as a single integrated whole. Both the economic fallout of the financial crisis as well as the global response reflects the significant degree of interchange characterizing cross-border exchange. Hong Kong like many global financial centers was directly impacted by the financial crisis, and responded with its own unique regulatory mix that drew on global experience. Part one of this paper examines the theoretical perspectives on the impact of globalization on international legal practice. Part Two provides a global review of financial dispute resolution programs. Part …
Resolving Financial Disputes In The Context Of Global Civil Justice Reform: Will Court Sponsored Mediation Overtake Litigation?, Shahla F. Ali
Resolving Financial Disputes In The Context Of Global Civil Justice Reform: Will Court Sponsored Mediation Overtake Litigation?, Shahla F. Ali
Shahla F. Ali
In recent years, many countries have increased their use of alternative mechanisms of dispute resolution to resolve a growing number of financial and commercial disputes. This trend has been supported by civil justice reforms taking place throughout the world, including those within the United Kingdom, Hong Kong, Australia, and Canada. Such reforms have aimed at encouraging cost effective, expeditious and amicable case handling within the civil justice system. This paper will analyze the increasing use of mediation to resolve financial and commercial disputes in countries undergoing civil justice reform, review the scope and nature of the civil justice reforms and …