1st Edition
Banking and Finance Dispute Resolution in Hong Kong The Suitability of Arbitration in Private Disputes
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.
List of Tables
Table of Cases
Preface
Acknowledgements
List of Abbreviations
Chapter 1 – Introduction
Chapter 2 – Private Banking In Hong Kong
Chapter 3 – Arbitration and Dispute Resolution for Banks in Hong Kong
Chapter 4 – Unfolding The Clients’ Perspective: Knowledge Versus Experience
Chapter 5 – The Transformation of Disputes – Case Studies
Chapter 6 – The Self-Corrective Mechanism for Dispute "Elimination"
References
Biography
Dr Sau Wai Law (Samuel) holds a PhD in Law from the University of Hong Kong. Before becoming a full-time academic in January 2021, he had more than 14 years of banking experience in Hong Kong, taking up roles in credit risk management, private banking, and strategic planning. His research interests are Dispute Resolution, Banking and Finance Law, Professional Ethics, Risk & Compliance, Financial Inclusion, and Virtual Banking. He is a trainer and course reviewer, on the Certified Banker Programme and the trainer and the study guide writer on the Enhanced Competency Framework in Operational Risk Management and Compliance at the Hong Kong Institute of Bankers.
