International Financial Disputes: Arbitration and Mediation

相似文件 换一批

是 否 +2 论坛币

k人 参与回答

经管之家送您一份

应届毕业生专属福利!

求职就业群

赵安豆老师微信：zhaoandou666

经管之家联合CDA

送您一个全额奖学金名额~ !

立即领取

感谢您参与论坛问题回答

经管之家送您两个论坛币！

+2 论坛币

[size=14.666666984558105px]这本书是外国的教科书，当时原价220刀买的。

Historically, financial institutions have preferred to adjudicate disputes in national courts in established financial centers, avoiding not only courts in emerging markets, but arbitration venues as well. The global financial crisis of 2008 did much to change financialinstitutions’ perception of the value of arbitration. Thecrisis resulted in an increase in claims both among and against financial institutions, including an increase in class actions. In many courts of law, these matters were to be heard by jurors or other triers of fact who were expected to be unfavorably disposed towards financial institutions in the wake of the crisis. In addition, post- crisis belt-tightening brought new rigor to dispute cost management. Financial institutions thus cast a fresh eye upon arbitration as an alternative means of dispute resolution.

In response to these developments, the Commission’sTask Force on Financial Institutions and InternationalArbitration (the “Task Force”) conducted an extensivetwo-year study of financial institutions’ use of arbitration,announcing its results in a December 2016 report titled“Financial Institutions and International Arbitration” (the “Report”). 1 The Report finds that financial institutions’overall assessment of arbitration is more positive than previously thought, and is rapidly changing. Financial institutions do have some unique requirements for dispute resolution, but their opinions regarding the advantages and disadvantages of arbitration are now similar to those held by litigants in general. Accordingly, while financial institutions still do not utilize arbitration by default, they increasingly resort to arbitration in disputes for which it is well-suited.

In addition to describing financial institutions’ currentposition regarding arbitration, the Report contains a prescriptive component as well, offering recommendations as to how financial institutions may make better use of existing arbitration features. The Report also analyzes the state of arbitration and its potential for growth in connection with specific types of transactions and products.

扫码加我 拉你入群

请注明：姓名-公司-职位

以便审核进群资格，未注明则拒绝

分享0 收藏2 回帖

关键词：教科书