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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.
A Practical Guide to Shareholder Disputes in Family Businesses is a collation of key legal principles and practical advice for those tasked with resolving such disputes. Whilst many of the issues faced are typical of all shareholder disputes, family businesses are different and the approach taken needs to reflect that difference. ABOUT THE AUTHOR Ed Weeks is a solicitor and head of the commercial dispute resolution team at Cripps LLP. He has been resolving shareholder disputes for over 20 years and is recognised as an expert in this field. Family businesses are particularly susceptible to such disputes and he has gained particular expertise and insight in how to approach such disputes and the specific issues that arise. Ed is ranked as a leading individual for dispute resolution in the Legal 500 directory and won the Dispute Resolution, Individual (outside of London) award in the 2020 Legal 500 Awards. He is also ranked in band 1 for litigation in Chambers Directory. CONTENTS Chapter One - Introduction Chapter Two - Corporate Governance - The Documentation Chapter Three - Corporate Governance - Rights and Duties Chapter Four - Gathering the Evidence Chapter Five - Unfair Prejudice Chapter Six - Winding Up Chapter Seven - Other Claims Under the Companies Act Chapter Eight - Alternative Dispute Resolution and Settlement Chapter Nine - Advising Majority Shareholders Chapter Ten - Advising Minority Shareholders Chapter Eleven - Deceased Shareholders and Bankrupt Shareholders Chapter Twelve - Valuing the Company / Shareholding Chapter Thirteen - The Litigation Process Chapter Fourteen - Case Studies Chapter Fifteen - Conclusions