Financial Services Litigation, Russen Qc Hhj Jonathan, Kingham Robin
Автор: Ali, Shahla F. (the University Of Hong Kong) Название: Consumer financial dispute resolution in a comparative context ISBN: 1108738184 ISBN-13(EAN): 9781108738187 Издательство: Cambridge Academ Рейтинг: Цена: 5069.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This comparative empirical study of the development and design of consumer financial dispute resolution mechanisms in East Asia, North America and Europe examines global principles that influence the design of such mechanisms, considers the structural variations between the ombuds and arbitration systems, and suggests practical proposals for reform.
In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to 'encourage' mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began.
This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further 'juridification' process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation.
The book will be of great interest to academics and students of legal theory and dispute resolution.
Автор: Cordero-Moss Название: International Commercial Contracts ISBN: 1107684714 ISBN-13(EAN): 9781107684713 Издательство: Cambridge Academ Рейтинг: Цена: 8552.00 р. Наличие на складе: Поставка под заказ.
Описание: Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses the applicable sources` impact on contracts and arbitration.
Автор: C.H. (Remco) van Rhee; Fu Yulin Название: Civil Litigation in China and Europe ISBN: 9402402829 ISBN-13(EAN): 9789402402827 Издательство: Springer Рейтинг: Цена: 13415.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It examines how these roles have been changed in order to cope with growing caseloads and quality demands.
Автор: Bamford, Colin Название: Principles of international financial law ISBN: 0198832710 ISBN-13(EAN): 9780198832713 Издательство: Oxford Academ Рейтинг: Цена: 34049.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The third edition continues to provide succinct analysis of the principles, rules, and concepts underpinning the practice of international finance and is updated to include cryptocurrencies and technology in financial markets.
Автор: Bugeja Diane Название: Reforming Corporate Retail Investor Protection ISBN: 1509925864 ISBN-13(EAN): 9781509925865 Издательство: Bloomsbury Academic Рейтинг: Цена: 17345.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling.
Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors - as opposed to corporate retail investors - by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories.
This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.
Автор: Ball, Laurence M. Название: Fed and lehman brothers ISBN: 1108420966 ISBN-13(EAN): 9781108420969 Издательство: Cambridge Education Рейтинг: Цена: 4156.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book will interest scholars and practitioners in economics, finance, accounting and law; all areas in which the Lehman bankruptcy has been a major controversy. It will also appeal to a broad audience who care about the causes of the financial crisis and the role of the Federal Reserve`s leaders.
Описание: This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms.
Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors.
Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change.
This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
