• Title/Summary/Keyword: Financial ADR

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On the Japanese New Alternative Dispute Resolution System in the Financial Sector (일본의 금융분야 ADR 에 관한 검토)

  • Kim, Sun-Jeong
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.121-145
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    • 2010
  • In the past, ADR has not been used as frequently in Japan as it has in other parts of the industrialized world. However, though litigation is still the most utilized vehicle of dispute resolution by Japanese financial institutions, this will be changing. The New Financial ADR system, which was created by a June 2009 amendment to the Financial Instruments and Exchange Act, is meant to deal with every stage of financial-related disputes and, as such, strives to resolve disputes before they become significant and acts to ameliorate any post-ADR issues that may remain, thereby completing the FIEA's purpose to protect investors. Since the foundation of the New Financial ADR system applies to all related industries, new provisions were set out in 16 business related acts, such as the Banking Act, the Insurance Business Act, and FIEA itself. October 2010 will mark the formal introduction of a new system of financial ADR in Japan. New Financial ADR in Japan will be modeled on the Financial Ombudsman Service in the United Kingdom, but will not feature one comprehensive dispute resolution system in which one dispute resolution institution covers all disputes in the financial field. The New Financial ADR system is merely one step towards a foundation of comprehensive financial ADR such as FOS. It must be noted, however, that this all important first step was over seven years in the making, involving a great deal of discussion, debate, and compromise amongst many parts of Japanese government, business, and society. The New Financial ADR system grants participating parties the ability to stop the clock on any statute of limitations which may correspond to any future possible court cases related to the dispute,13 and further grants the ability to suspend related court proceedings while the parties are utilizing the New Financial ADR system. In addition, where financial institutions have not accepted dispute resolution proceedings or have not accepted a special conciliation proposal, the Ministry of Finance may issue an order compelling compliance if it is found that certain actions are necessary to ensure the appropriate operations of a financial institution's business. In Japan, as best practices have not yet been created.

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A Study of the Active Plan for Alternative Dispute Resolution in Financial Dispute (금융분쟁에 있어서 ADR제도의 효율적인 운영방안)

  • Kim, Yong-Kil
    • Journal of Arbitration Studies
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    • v.24 no.2
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    • pp.53-80
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    • 2014
  • This article focuses on the Active Plan for Alternative Dispute Resolution(ADR) in financial Dispute. The financial consumers of Korea had suffered greatly from the IMF in 1997 and the global financial crisis in 2008, which also increased financial conflicts significantly. In particular, active financial transaction, due to the development of computer and financial techniques causes frequent consumer financial conflicts. It is beneficial to settle them for judicial economy through an alternative conflict arbitration system instead of lawsuit at the court. Many advanced countries settle financial conflicts through various ADR in their numerous financial conflicts. In the settlement of financial conflict, the ADR system, covering mediation and arbitration, is useful and appropriate. Each governmental institution has various conflict settlement organizations, and it is necessary to operate them effectively. In order to settle financial conflicts properly, it is necessary to study law on financial consumer protection, and it is also necessary to understand practical custom and practical knowledge and to systematize them. Further, it is important to manage financial conflict-related data, to accumulate professional experiences, and to prepare a financial conflict settlement system in order to introduce financial education earlier to the whole nation.

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Korean Style System Model of Financial ADR (한국형 금융ADR의 제도모델)

  • Seo, Hee-Sok
    • Journal of Legislation Research
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    • no.44
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    • pp.343-386
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    • 2013
  • "Financial ADR" system in South Korea can be represented by so-called "Financial Dispute Resolution System", in which Financial Supervisory Service (FSS) and Financial Dispute Resolution Committee are the principal actors in operation of the system, and this is discussed as an "Administrative Financial ADR System". The system has over 10-year history since it was introduced in around 1999. Nonetheless, it was not until when financial consumer protection began to be highlighted after the 2008 financial crisis that Financial ADR system actually started to draw attention in Korea. This was because interest has been rising in "Alternative Dispute Resolution (ADR)" as an institutional measure to protect financial consumers damaged via financial transactions. However, the current discussion on the domestic Financial ADR system shows an aspect that it is confined to who is to be a principal actor for the operation of Financial ADR institution with main regards to reorganization of supervisory system. This article aims to embody these facts in an institutional model by recognizing them as a problem and analyzing the features of the Financial ADR system, thereby clarifying problems of the system and presenting the direction of improvement. The Korean Financial ADR system can be judged as "administrative model integrated model consensual model quasi-judicial model non-prepositive Internal Dispute Resolution (IDR) model". However, at the same time, it is confronted with a task to overcome the two problems; the system is not equipped with institutional basis for securing its validity in spite of the adopted quasi-judicial effect model; and a burden of operating an integrated ADR system is considerable. From this perspective, the article suggests improvement plans for security of validity in the current system and for expansion of industry-control ADR system, in particular, a system of prepositive IDR model. Amongst them, it suggests further plans for securing the validity of the system as follows; promotion to expand the number of internal persons and to differentiate mediation procedures and effect; a plan to keep a financial institution from filing a lawsuit before an agreement recommendation or a mediation proposal is advised; and a plan to grant suspension of extinctive prescription as well as that of procedures of the lawsuit.

ADR과 원주의 수익률 결정요인

  • Kim, Dong-Sun
    • The Korean Journal of Financial Management
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    • v.15 no.1
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    • pp.41-71
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    • 1998
  • 글로벌화가 진전된 산업의 경우에는 세계산업 내지 세계시장 요인이 현지시장 내지 현지산업 요인보다 더 중요한 ADR과 원주 수익률의 결정요인으로 실증된다. 원주의 움직임에 대해서는 대체로 현지산업, 현지시장 요인, 세계시장 요인, 세계산업 요인순으로 설명력이 높게 나타난 반면, 글로벌화가 진전된 산업의 기업 원주에 대해서는 세계시장 또는 세계산업 요인, 현지시장 또는 현지산업 요인 순으로 설명력이 높다. ADR의 움직임은 대체로 세계시장 요인, 현지산업 요인, 현지시장 요인, 환율 요인, 세계산업 요인, 미국산업 요인, 미국시장 요인 순으로 설명되는 반면, 글로벌화가 진전된 산업의 경우에는 세계시장 또는 세계산업 요인, 환율 요인, 현지산업 요인, 현지시장 요인 순으로 설명력이 높다. 한편, 원주와 ADR간에 수익률과 변동성은 모두 상호관련성이 높고, 원주 수익률을 설명하는 요인과 동일 외국기업의 ADR을 설명하는 요인은 대체로 일치한다.

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A Study of Ways to Expand Use of ADR (대체적 분쟁해결제도(ADR)의 활성화 방안에 관한 고찰)

  • 김경배
    • Journal of Arbitration Studies
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    • v.12 no.1
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    • pp.171-205
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    • 2002
  • ADR (Alternative Dispute Resolution) is a system to settle disputes without having to pursue a judgment through the courts; it provides an alternative to conventional judicial proceedings. As such, ADR is available to resolve a wide range of disputes, ranging from minor disagreements between neighbors to contracts involving millions of dollars. One can say there has been “efficient resolution of a dispute” only when it has been settled rapidly and finally to the satisfaction of all parties concerned, inexpensively and in a transparent manner. In this respect, ADR may well be regarded as the most efficient method to resolve disputes. In order to establish and disseminate ADR as a practical dispute-settlement procedure, first, governmental financial support is necessary, rather than having to depend upon fees collected from the disputing parties. At the same time, various inducement policies also are required. The most important factor is to make people aware of the fact that ADR is a low-cost, speedy system and more practical compared with other procedures. Second, cooperation from legal circles, lawyers in particular, is absolutely necessary. If disputes become serious, the general public normally seeks out lawyers for advice. Third, disputing parties have to be convinced of the benefits of ADR, secure in the knowledge that ADR will provide them not only with economic benefit but also a satisfactory result. Diverse ADR procedures should be developed and implemented to facilitate participation in a comfortable atmosphere with a mutually friendly relationship. The most important factor in achieving the wider use of ADR, which is attracting more attention of late, is the expectation that it will bring a satisfactory resolution to the related parties in dispute. The trend of seeking a new dispute-settlement method also reflects the changing sense of values in society today. Therefore, one specific method is not suitable for all kinds of disputes. A proper system should offer different approaches according to the pattern and type of dispute and the parties concerned. In selecting a dispute-resolution system, several factors have to be considered - the relationship between the parties, their financial situations, the necessity of maintaining confidentiality, urgency for settlement, etc. In the light of all these, it is desirable for the disputing parties to select the most appropriate of the available systems, not blindly turning to the courts, if and when a dispute arises.

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Information Transmission Between NYSE Listed Chinese ADRs and Their Underlying Shares (뉴욕증시의 중국 ADR과 원주사이의 정보전이효과)

  • Kim, Kyung-Won;Choi, Joon-Hwan
    • The Korean Journal of Financial Management
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    • v.23 no.2
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    • pp.171-187
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    • 2006
  • This paper investigates the pricing information transmission between NYSE listed Chinese ADRs and their underlying shares by using GJR. The data in this study consist of daytime and overnight returns on 7 chinese stocks End their ADRs on the NYSE for the period from December 2002 to december 2005. We have round that the home market leadership hypothesis can be applied to the Chinese stocks. We have also found that return spillover effect is stronger than volatility spillover effect.

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A Study on the Activity Improvement Plan for Consumer ADR of Non-Government Consumer Organization (민간 소비자단체의 자율분쟁조정 활성화방안)

  • Kim, You-Jin;Kim, Si-Wuel
    • Journal of Families and Better Life
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    • v.25 no.4
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    • pp.197-216
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    • 2007
  • The Purpose of this research is to perform survey on employees of Non-Government Consumer Organization and interview with ADR personnel from Korean Consumer Protection Board to have thorough grasp of problems among consumer ADR. Also come up with plan that will activate Non-Government Consumer organization ADR. Result of this research states following remarks as solution First, consumers from Seoul and Gyeonggi area is the only people who use ADR in Non-Government Consumer organization, so other local governments need to concentrate on consumers from rural area to take advantage of the service. Second, low activity of ADR and legal procedure support compare to other services provide from Non-Government Consumer organization. Third, statistic shows that employees from Non-Government Consumer organization recognize importance of consumer's ADR and government's support as well as enforcement of law. Forth, the preparation of Consumer ADR in Non-Government Consumer organization, selecting committee is the most important procedures are reinforce human resource, improvement of organization structure. Fifty, order to establish Consumer ADR in Non-Government Consumer organization, recruit professional manpower is the priority and financial support is also important. All these result would help improve the activity of ADR in Non-Government Consumer organization, which will lead the organization to be more professionalize, globalize and able to segment the market. Further more, Non-Government Consumer organization would develop better ways to take itself to another level to provide better service. Also, create an institution that will help consumer's dispute and legal procedure. It will prevent future victims and protect consumer's right.

The Role and Issue analysis of the ADR's Committee in the Revision of Personal Information Protection Act (데이터 3법 개정에 따른 분쟁조정위원회 역할과 이슈분석)

  • Yoon, Duck Joong;Jee, Yoon Seok;Kim, Youngae;Shin, Yongtae
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.279-286
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    • 2020
  • On February 4, 2020, the Personal Information Protection Act ("Privacy Act") was amended to facilitate the convergence and utilization of data, a key resource of the Fourth Industrial Revolution, and to support the development of the data industry. As the scope of the law applies to telecommunications operators, financial operators, and personal information processing providers, the scope of related dispute settlement is expected to increase. Therefore, this paper first introduces the role and function of the Personal Information Dispute Committee and the institutional standards for personal information dispute mediation, and researches the roles and issues that the Personal Information Dispute Mediation Committee should play in accordance with the revision of the Data 3 Law. In this study, For efficient operation of personal information dispute mediation, expert deliberation by field, new adjustment criteria for new industrial technologies, way to secure business continuity between the Personal Information Dispute Committee and the Personal Information Committee, Secure the link between the mediation decision and courts, and Suggested the strengthening of the operational standards for collective dispute mediation.

Block Trading Based Volatility Forecasting: An Application of VACD-FIGARCH Model

  • TU, Teng-Tsai;LIAO, Chih-Wei
    • The Journal of Asian Finance, Economics and Business
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    • v.7 no.4
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    • pp.59-70
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    • 2020
  • The purpose of this study is to construct the ACD model for the block trading volume duration. The ACD model based on the block trading volume duration is referred to as Volume ACD (VACD) in this study. By integrating with GARCH-type models, the VACD based GARCH type models, which include VACD-GARCH, VACD-IGARCH and VACD-FIGARCH models, are set up. This study selects Chunghwa Telecom (CHT) Inc., offering the America Depository Receipt (ADR) in NYSE, to investigate the block trading volume duration in Taiwanese equity market. The empirical results indicate that the long memory in volume duration series increases dependence at level of volatility clustering by VACD (2,1)-FIGARCH (3,d,1) model. Moreover, the VACD (2,1)-IGARCH (1,1) exhibits relatively better performance of prediction on capturing block trading volume duration. This volatility model is more appropriate in this study to portray the change of the CHT Inc. prices and provides more information about the volatility process for investment strategy, which can be a reference indicator of financial asset pricing, hedging strategy and risk management.

Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
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    • v.14 no.1
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    • pp.273-314
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    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

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