Exploring Effective Financial Dispute Resolution Design Models Through a Learning Orientation: Experiences from East Asia

13 Pages Posted: 9 Jan 2012 Last revised: 3 Feb 2012

See all articles by Shahla F. Ali

Shahla F. Ali

The University of Hong Kong - Faculty of Law

Sin-ping Mak

Hong Kong College of Community Medicine

Date Written: October 30, 2011

Abstract

In recent times, 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 can partly be described by a learning orientation which first sought to examine existing institutional dispute resolution design mechanisms from which it could explore possible solutions. Based on its findings, its response included a creative mix of regulatory strengthening and government sponsored mediation and arbitration. This process of policymaking provides a useful case study of the prospects of using a learning orientation process to address policy challenges.

Keywords: financial dispute resolution, ADR, learning orientation, law and policymaking

Suggested Citation

Ali, Shahla F. and Mak, Sin-ping, Exploring Effective Financial Dispute Resolution Design Models Through a Learning Orientation: Experiences from East Asia (October 30, 2011). Beijing Arbitration Quarterly, Spring 2012; University of Hong Kong Faculty of Law Research Paper No. 2012/006. Available at SSRN: https://ssrn.com/abstract=1982278

Shahla F. Ali (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Chung Yu Tung Tower (Law), Centennial Campus
Pokfulam Road
Hong Kong
(852) 3917 2931 (Phone)
(852) 2559-3543 (Fax)

HOME PAGE: http://www.hku.hk/law/faculty/staff/ali_shahla.html

Sin-ping Mak

Hong Kong College of Community Medicine ( email )

Room 908, 9/F, Hong Kong Academy of Medicine Jocke
99 Wong Chuk Hang Road
Hong Kong
China

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