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.

Uses an interdisciplinary and empirical approach to analyze the process of institutionalizing alternative dispute resolution (ADR) for shareholder disputes in Hong Kong.

About the Author
Ida Kwan Lun Mak has a multi-disciplinary academic background with degrees in law and accountancy. She earned her Doctor of Legal Science (S.J.D.) from The University of Hong Kong, where she was the recipient of postgraduate scholarship. Bilingual in English and Chinese, her research interests are primarily in the fields of company law, dispute resolution, arbitration, mediation and socio-legal studies, with a strong emphasis on empirical work in Hong Kong. Dr Mak is now working as a research assistant in the Department of Law, The University of Hong Kong.


Book Information
ISBN 9781108796118
Author Ida Kwan Lun Mak
Format Paperback
Page Count 275
Imprint Cambridge University Press
Publisher Cambridge University Press
Weight(grams) 450g
Dimensions(mm) 230mm * 152mm * 15mm