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Alternative Dispute Resolution of Shareholder Disputes in Hong Kong: Institutionalizing Its Effective Use by Ida Kwan Lun Mak

Alternative Dispute Resolution of Shareholder Disputes in Hong Kong: Institutionalizing Its Effective Use

by Ida Kwan Lun Mak
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₹11,975.00
₹11,975.00
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Book cover type: Hardcover
  • ISBN13: 9781107194199
  • Binding: Hardcover
  • Subject: N/A
  • Publisher: Cambridge University Press
  • Publisher Imprint: Cambridge University Press
  • Publication Date:
  • Pages: 240
  • Original Price: USD 123.0
  • Language: English
  • Edition: N/A
  • Item Weight: 53 grams
  • BISAC Subject(s): Arbitration, Negotiation, Mediation

The landscape of shareholder dispute resolution in Hong Kong has changed vastly since the launch of the Civil Justice Reform in 2009. Key initiatives - the voluntary court-connected scheme and reform of the statutory unfair prejudice provisions - were employed to promote the greater use of alternative dispute resolution (ADR) in shareholder disputes. While the Hong Kong government and judiciary introduced such schemes to prove the legitimacy of extra-judicial over court-based litigation processes, their success is still uncertain. In this book, socio-legal theory and sociological institutionalism are used to develop a theoretical framework for analyzing the key stages of institutionalization. The author analyzes how procedural innovations could acquire legitimacy through different types of legal and non-legal inducement mechanisms within the institutionalization process. Recommendations on codifying and innovating ADR policy in Hong Kong shareholder disputes are also made with comparison to similar policies in the United Kingdom, South Africa and New Zealand.

Mak, Ida Kwan Lun: - Ida Kwan Lun Mak has a multi-disciplinary academic background with degrees in law and accountancy. She earned her Doctor of Legal Science (S.J.D.) from The University of Hong Kong, where she was the recipient of postgraduate scholarship. Bilingual in English and Chinese, her research interests are primarily in the fields of company law, dispute resolution, arbitration, mediation and socio-legal studies, with a strong emphasis on empirical work in Hong Kong. Dr Mak is now working as a research assistant in the Department of Law, The University of Hong Kong.

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