Alternative Dispute Resolution of Shareholder Disputes in Hong Kong

2017 ◽  
Author(s):  
Ida Kwan Lun Mak
Keyword(s):  
Hong Kong ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution

scholarly journals Developing A Model For Pre-Action Dispute Resolution For Strata Dispute Management In Malaysia

2015 ◽  
Author(s):  
Nor Asiah Mohamad
Keyword(s):  
Hong Kong ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Social Relationship ◽  
Technical Issues ◽  
Research Show ◽  
Malaysian Government

The Malaysian government has finally announced for the implementation of Strata Management Act 2013 with the aims to cater disputes in the management of strata titled properties. Among the most important aspect of the Act is to introduce Strata Management Tribunal as a platform to resolve disputes among the strata owners and all stakeholders in relation to strata management and maintenance. This research addresses the period prior to the adjudication process by the Tribunal and proposes a model for early dispute resolution before the hearing. The author argues that early dispute resolution or early conflict engagement is necessary despite the establishment of Strata Management Tribunal to address non-technical issues, which involve restoration of social relationship. The author highlights the practice of other jurisdiction, for example, Victoria, Australia as well Hong Kong. The findings of the research show that Alternative Dispute Resolution (ADR) methods such as mediation or conciliation are suitable to be adopted within and outside Tribunal process. Keywords: stratified properties, Strata Management Tribunal, Strata Management Act, mediation, conciliation and Alternative Dispute Resolution (ADR)

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

Kajian Ekonomis Penyelesaian Sengketa Bisnis melalui ADR (Alternative Despute Resolution)

2020 ◽  
Vol 4 (1) ◽  
pp. 74
Author(s):  
Miswardi Miswardi
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Economic Benefits ◽  
Legal Institution ◽  
Business People ◽  
Minimize Costs

<p align="center"> </p><p><em>In line with the increasing demands of the business in the era of globalization, especially related to the resolution of business conflicts, business people have tried to find alternative dispute resolution methods other than justice. This is because the judicial institution as a legal institution that should be able to play its role in efforts to resolve various kinds of business conflicts, is in reality not as expected by business people. There is support for normative formalities. Therefore alternative dispute resolution institutions can be used as a very possible choice. This alternative institution is considered more effective in various aspects of business dispute resolution, in response to the demands of very fierce business competition. Some economic benefits gained from choosing a solution through ADR (Alternative Despute Resolution) are that this model is not formal, saves more time and also minimize costs in dispute resolution.</em></p><p> </p>

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