After Lehman: International Response to Financial Disputes – A Focus on Hong Kong

Abstract

Recent global financial dislocation has provided an impetus for examining effective avenues for the resolution of financial disputes. Hong Kong, like many financial centers throughout the world, has been directly affected by the collapse of Lehman Brothers. Its response to the collapse has included a creative mix of regulatory strengthening and government sponsored mediation and arbitration. Each of these alternative mechanisms of resolution provides a useful case study of the prospects of the use of ADR in response to financial crises. The efficacy of such interventions will be reviewed and options for the future development of a multi-tier dispute resolution system in Hong Kong will be explored.

Keywords: Financial Dispute Resolution, Comparative Law, ADR, Mediation, Arbitration