Upcoming CEDR financial services event: ‘Dialogue with the Regulator’

At a breakfast session on 9 October at Herbert Smith Freehills’ London office, the Centre for Effective Dispute Resolution (CEDR) will convene a debate exploring the role for facilitative discussion and negotiation between regulated firms and their regulators, with a focus on the banking and insurance industries. The debate, led by Dr Karl Mackie CBE (CEDR Chief Executive), will involve a … Read more

UK High Court claim struck out as full redress was available under an ADR scheme

The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants had already been offered full redress under a formal ADR scheme established in relation to such complaints.   The decision is a further example of the UK courts’ support for ADR and illustrates that … Read more

The rise of ADR in Japan

A number of alternative dispute resolution procedures are available and recognised in Japan – including expert determination, mediation, conciliation, and multi-track dispute resolution processes (ie a combination of different dispute resolution mechanisms such as arbitration and expert determination). Peter Godwin, Managing Partner of Herbert Smith Freehills GJBJ, Tokyo, reviews the increase in ADR usage in certain … Read more

Update on ADR in Japan’s financial services sector

Our previous post reported on the “Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures” (the “ADR Promotion Law”), which came into effect on 1 April 2007. Under the ADR Promotion Law, 116  institutions from multiple sectors have to date acquired accreditation to help resolve civil disputes outside the Japanese public court … Read more

Review of Australia’s consumer external dispute resolution arrangements likely in 2013

Australia’s shadow minister for financial services, Mathias Cormann, has acknowledged that there are legitimate concerns over procedural matters and natural justice in relation to Australia’s Financial Ombudsman Service (FOS) and the Credit Ombudsman Service (COS). The term ‘ombudman’ derives from Swedish and means an independent official who addresses complaints by investigation and attempts to resolve matters without … Read more

Hong Kong Financial Dispute Resolution Centre (FDRC) opens

On 19 June 2012 the Financial Dispute Resolution Centre opened to assist financial institutions and their clients to resolve monetary disputes involving claims not exceeding HKD 500,000 (USD 65,000). It is hoped that under the FDRC’s dispute resolution mechanism, an early meeting/mediation between the parties will resolve the dispute. The government’s decision in December 2010 to set up the … Read more

EU initiatives to promote ADR in consumer and financial services sectors

Together with the consultation on the use of ADR and the resulting legislative proposal, the European Commission is undertaking the following initiatives: The EU Citizenship Report dated October 2010 pledges to facilitate fast and inexpensive out-of-court resolution of consumer problems in the EU by (1) promoting the wider use of mediation by 2013, and (2) exploring … Read more

Creation of ADR framework for financial services in Japan

“The Law Concerning the Promotion of the Use of Alternative Dispute Resolution Procedures” (the “ADR Promotion Law”) was promulgated on 1 December 2004 and came into effect on 1 April 2007. This law allows the Minister of Justice to give accreditation to private-sector organisations that help resolve civil disputes outside the Japanese public court system. … Read more