Dispute Resolution Mechanisms in the UK Financial Sector

2002 ◽  
Author(s):  
Eilis Ferran
Keyword(s):  
Dispute Resolution ◽  
Financial Sector ◽  
The Uk

scholarly journals DUPLICITY IN REGULATION AND PERFORMANCE OF THE FINANCIAL SECTOR IN KENYA

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Dr.Agnes Ogada
Keyword(s):  
Large Scale ◽  
Developing Economies ◽  
Financial Sector ◽  
The United States ◽  
Empirical Literature ◽  
Unique Contribution ◽  
Regulatory Structure ◽  
The Public ◽  
And Performance ◽  
The Uk

Purpose: The objective of the study was to investigate the duplicity in regulation and its effect on performance of the financial sector in Kenya. The specific objectives were; to review and identify regulation duplication/competition in existing regulatory framework for the financial sector in Kenya; to describe how regulatory effectiveness has been measured in empirical literature; to assess whether the current regulatory structure has affected the performance of the financial sector in Kenya and lastly to suggest potential ways of enhancing regulatory effectiveness in Kenya. Methodology: The paper used a desk study review methodology where relevant empirical literature was reviewed to identify main themes and to extract knowledge gaps. Findings: The study found out that financial sector in Kenya and other developing economies have reported losses on a large scale due to under regulation and regulator duplicity. Some of these have become insolvent, or have had to be taken over or rescued by their governments. A single market regulator clearly has its own advantages over multiple regulators. But it is more suitable for well-developed and mature markets which are smaller in size, like the UK. The study also found out that Kenya’s economy and political arena are not mature enough to handle a single financial market regulator. In this light it can be asserted that even mature economies such as the United States still have multiple regulators. Unique contribution to theory, practice and policy: Adherence to principles of open government, including transparency and participation in the regulatory process to ensure that regulation serves the public interest and is informed by the legitimate needs of those interested in and affected by regulation. Governments should ensure that regulations are comprehensible and clear and that parties can easily understand their rights and obligations. Organizations should create personalized technology systems that create a demand adaptation of ICT at every level of the organizational operations

Conversion from Stakeholder Value to Shareholder Value Banks

2017 ◽  
Author(s):  
David T. Llewellyn
Keyword(s):  
Shareholder Value ◽  
Financial Sector ◽  
European Countries ◽  
Substantial Contribution ◽  
Net Worth ◽  
Ownership Structures ◽  
Cohort Comparison ◽  
The Uk

There is merit in having a diversity of ownership structures in a financial sector and mutuals and similar ownership models have a substantial contribution to make to diversity. The chapter considers the arguments in the UK in favour of conversion of mutuals to shareholder value institutions and reviews the outcomes. They are shown to have been largely bogus and have been found to be irrelevant. Members of converting institutions voted for conversion because the ‘windfalls’ implied an inter-generation transfer of wealth from previous and potentially future members to the current cohort. Comparison is made between the UK and other European countries with regard to conversions: in most other European countries such conversions are impossible because residual net worth is regarded as being held in perpetuity within the institution rather than a saleable asset owned by the current cohort of members.

Mediation and Alternative Dispute Resolution

2021 ◽  
pp. 470-491
Author(s):  
Edwin Glasgow QC ◽  
Marion Smith QC
Keyword(s):  
Dispute Resolution ◽  
Construction Industry ◽  
Alternative Dispute Resolution ◽  
Standard Form ◽  
Civil Procedure ◽  
England And Wales ◽  
Industry Standard ◽  
The World ◽  
The Uk ◽  
Resolution Processes

This chapter focuses on alternative dispute resolution (ADR), which is used as a collective description of various methods of resolving disputes other than through the formal adversarial processes of litigation or arbitration. It emphasizes how ADR is now recognized in construction industry standard form contracts that provide for dispute resolution processes. It also mentions courts in the UK and throughout the world that support and actively encourage ADR, specifically in England and Wales that includes ADR as part of the Civil Procedure Rules (CPR). This chapter considers the use of ADR to assist in resolving disputes in the construction industry. It concentrates on mediation but also looks at negotiation and early neutral evaluation.

scholarly journals Putting into Place Solutions for Nazi Era Dispossessions of Cultural Objects: The UK Experience

2016 ◽  
Vol 23 (4) ◽  
pp. 385-406 ◽  
Author(s):  
Charlotte Woodhead
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Advisory Panel ◽  
Cultural Objects ◽  
The Uk ◽  
Dispute Resolution Mechanism ◽  
Nazi Era ◽  
The Way

Abstract:Since 2000, the United Kingdom’s Spoliation Advisory Panel has provided an alternative dispute resolution mechanism for resolving disputes surrounding Nazi era dispossessions of cultural objects. This article analyzes the way in which the panel has reached its recommendations and how they have been implemented. While the panel’s recommendations provide a means of resolving disputes in circumstances where litigation might fail a claimant, claimants may encounter difficulties should an institution fail to implement the recommended remedy because of the extra-judicial nature of the recommendations. This article therefore analyzes the effectiveness of the panel’s work in overcoming some of the shortcomings of litigation and the way in which the parties have put into effect the panel’s recommendations. Furthermore, suggestions are made for ways in which to ensure compliance with the recommendations even in the absence of judicial enforcement.

Control of Noise from Civil Aircraft – New Proposals for Discussion

2000 ◽  
Vol 31 (8) ◽  
pp. 14-15
Keyword(s):  
Noise Reduction ◽  
Dispute Resolution ◽  
Environmental Regulations ◽  
Local Authorities ◽  
Civil Aircraft ◽  
The Uk ◽  
Consultation Paper

The UK has issued a Consultation Paper' seeking views on Introduction and enforcement of noise reduction schemes at aerodromes Dispute resolution between local authorities and aerodromes Changes in environmental regulations at Heathrow, Gatwick and Stanstead. The final date for receipt of comments is Friday October 13th 2000.

scholarly journals Taking Complaints Seriously: The Role of Informality in Complaints About Public Services

2011 ◽  
Vol 10 (4) ◽  
pp. 483-493 ◽  
Author(s):  
Jackie Gulland
Keyword(s):  
Dispute Resolution ◽  
Public Services ◽  
Research Evidence ◽  
Social Care ◽  
Care Service ◽  
Recent Discussion ◽  
Social Care Service ◽  
The Uk ◽  
User Friendly

Recent discussion in the UK has focused on proportionate dispute resolution to deal with people's problems with public services. Complaints procedures, which are seen to be user-friendly and informal, have been held up as good examples of proportionate dispute resolution mechanisms. Most complaints procedures include an informal first stage where, it is argued, most complaints should be resolved but there is little research evidence about what happens at this stage. This article looks at the informal stage of complaints procedures from the perspective of social care service users and considers some of the issues raised by informality.

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