› › Introducing Dispute Resolution To The Telecommunications Industry In Hong Kong

Alternative Dispute Resolution of Shareholder Disputes in Hong Kong

Author : Ida Kwan Lun Mak

Publisher : Cambridge University Press

Page : 277 pages

File Size : 45,32 MB

Release : 2019-12-19

Category : Law

ISBN : 1108329314

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Book Description

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.



Information Technology Law in Hong Kong

Author : Yun Zhao

Publisher : Kluwer Law International B.V.

Page : 212 pages

File Size : 13,7 MB

Release : 2022-12-20

Category : Law

ISBN : 9403524960

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Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to information technology law – the law affecting information and communication technology (ICT) – in Hong Kong covers every aspect of the subject, including the regulation of digital markets, intellectual property rights in the digital context, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, and cybercrime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the monograph assembles its information and guidance in six main areas of practice: (1) the regulatory framework of digital markets, including legal aspects of standardization, international private law applied to the online context, telecommunications law, regulation of audio-visual services and online commercial platforms; (2) online public services including e-government, e-health and online voting; (3) contract law with regard to software, hardware, networks and related services, with special attention to case law in this area, rules with regard to electronic evidence, regulation of electronic signatures, online financial services and electronic commerce; (4) software protection, legal protection of databases or chips, and other intellectual property matters; (5) the legal framework regarding cybersecurity and (6) the application of criminal procedure and substantive criminal law in the area of cybercrime. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this monograph a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Hong Kong will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.



Cyber Law in Hong Kong

Author : Yun Zhao

Publisher : Kluwer Law International B.V.

Page : 208 pages

File Size : 23,90 MB

Release : 2019-06-12

Category : Law

ISBN : 9403509945

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Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to cyber law – the law affecting information and communication technology (ICT) – in Hong Kong covers every aspect of the subject, including intellectual property rights in the ICT sector, relevant competition rules, drafting and negotiating ICT-related contracts, electronic transactions, privacy issues, and computer crime. Lawyers who handle transnational matters will appreciate the detailed explanation of specific characteristics of practice and procedure. Following a general introduction, the book assembles its information and guidance in seven main areas of practice: the regulatory framework of the electronic communications market; software protection, legal protection of databases or chips, and other intellectual property matters; contracts with regard to software licensing and network services, with special attention to case law in this area; rules with regard to electronic evidence, regulation of electronic signatures, electronic banking, and electronic commerce; specific laws and regulations with respect to the liability of network operators and service providers and related product liability; protection of individual persons in the context of the processing of personal data and confidentiality; and the application of substantive criminal law in the area of ICT. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Hong Kong will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative law in this relatively new and challenging field.



Commercial Dispute Resolution in China

Author : Beijing Arbitration Commission

Publisher : Wolterskluwer HK

Page : 340 pages

File Size : 43,3 MB

Release : 2022-11-14

Category : Law

ISBN : 9887617156

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Book Description

In 2021, the COVID-19 pandemic continued to affect economic development. In addition, due to the changing global situation, international competition was increasingly fierce. Under the circumstances of major changes and a pandemic unseen in a century, commercial dispute resolution in China is confronting new challenges, facing new changes and ushering in new developments. In the field of commercial arbitration, the promulgation of the Arbitration Law (Revision) (Draft for Comment) brought about many reforms to China’s current arbitration system, aroused widespread attention and discussion in the industry, and boosted arbitration research and the arbitration legal system to new levels. Arbitration institutions, including the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as the “BAC/BIAC”), have duly issued new rules according to the needs of case handling and pandemic prevention and control in order to guide new arbitration practices, and the highlights of China’s judicial supervision and opening-up of arbitration are eye-catching. In the field of commercial mediation, the Supreme People’s Court has continuously promoted the development of a “one-stop” diversified dispute resolution system to support international commercial mediation organizations in providing mediation services in free trade zones; the Shenzhen Intermediate People’s Court has innovatively introduced third-party mediation organizations to participate in bankruptcy reconciliation; and practices in coordination between arbitration and mediation have been constantly enriched. Commercial mediation is playing an increasingly important role in alternative dispute resolution in China. In key professional fields, while actively responding to the impacts of the pandemic and focusing upon the resumption of work and production, legal construction and dispute resolution have also been developing.



Mediation and Alternative Dispute Resolution in Modern China

Author : Yun Zhao

Publisher : Springer Nature

Page : 160 pages

File Size : 32,39 MB

Release : 2022-04-21

Category : Law

ISBN : 9811921121

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Book Description

The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.



Mediation Law

Author : Penny Brooker

Publisher : Routledge

Page : 402 pages

File Size : 30,35 MB

Release : 2013-10-23

Category : Law

ISBN : 1136018964

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Book Description

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.



Consumer Protection in Asia

Author : Geraint Howells

Publisher : Bloomsbury Publishing

Page : 619 pages

File Size : 24,72 MB

Release : 2022-08-25

Category : Law

ISBN : 1509957553

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Book Description

This book looks at the consumer protection offered in a range of Asian countries, for example China, Japan, and South Korea in key areas such as consumer sales law, unfair terms, product liability, and unfair commercial practices. However, it is interesting to note that consumer protection is on the rise everywhere and to compare how this differs depending upon the legal cultures. It is also fascinating to reflect on the influence of models for law reform such as the EU laws. ASEAN has also affected the development of consumer policy for its member states. The book takes the form of national reports which explain the development of the law and also shed light on how the law works in practice. The book also contains thematic reports which look at each area of the law from a comparative perspective. Commentators from around the globe reflect on their impression of Asian consumer law based on their own differing legal systems and benchmarks. A must-read for anyone with an interest in consumer law in Asia and beyond, this book will form the basis of further research and discussion internationally.



Tax Compliance in Greater China

Author :

Publisher : CCH Hong Kong Limited

Page : 568 pages

File Size : 35,20 MB

Release : 2008

Category : Tax administration and procedure

ISBN : 9789881740304

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Book Description



Managers and Mandarins in Contemporary China

Author : Jie Tang

Publisher : Routledge

Page : 185 pages

File Size : 25,42 MB

Release : 2013-03-07

Category : Business & Economics

ISBN : 1134226705

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Book Description

This study explores the question as to whether the way in which Chinese management handles conflict is fundamentally different from elsewhere or much the same. It does so by examining in detail an international joint venture construction project, where managers rooted in contrasting business systems were brought together, and by showing how the project progressed over time, how various conflict situations arose, and how they were handled. In addition, the book provides an in-depth account of the inner workings of the Chinese business world, touching on issues such as: differing international standards and management procedures the peculiarities of Chinese red tape paternalism and nepotism the limits on contract in contemporary China the involvement of local officials. Of interest to scholars and managers alike, this study benefits from the unparalleled access the author secured to all the parties involved. Working alongside managers as a participant observer, Jie Tang uses the fine detail of ethnography to convey a vivid impression of the lives of managers in China today and the forces with which they have to contend.



Telecommunications Development in Asia

Author : John URE

Publisher : Hong Kong University Press

Page : 537 pages

File Size : 45,12 MB

Release : 2008-05-01

Category : Technology & Engineering

ISBN : 9622099025

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Book Description

No industry has expanded faster than telecommunications, gained so many new users, added so much value, spread so rapidly to the underdeveloped areas of developing countries, done so much to close the digital divide and provide access to e-learning, e-health, and e-commerce across the countries of the Asia Pacific. Telecommunications Development in Asia provides a completely new and comprehensive analysis of the policies adopted throughout the region that have led to the explosive growth of this sector. It is a sequel to the 1995 landmark publication, John Ure (editor) Telecommunications in Asia: Policy, Planning and Development, and like the earlier volume will become a popular and indispensable guide for professionals, policy-makers and regulators working in telecommunications-related sectors. Part One of this new book is thematic. It reviews global best practices across a range of key issues facing the industry, from regulation, competition policy and the provision of universal service, to interconnection between competing networks, the management of radio spectrum for the all-important wireless communications sector, and an assessment of innovation in the telecommunications equipment market. Part Two examines markets across the Asia Pacific region, exploring the themes of Part One through in-depth country studies. Policy and regulations, industry trends and markets are uniquely placed in their historical, economic and political context. No other publication offers such comprehensive insights and understanding of the dynamic of these markets. And like the 1995 book, this one looks likely to stand the test of time.