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.

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.

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.

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.

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.

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.

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.