The Lawyer's Duty to Arbitrate in Good Faith and with Civility

2021 ◽  
Vol 37 (2) ◽  
pp. 535-547
Author(s):  
Audley Sheppard
Keyword(s):  
Hong Kong ◽  
Codes Of Conduct ◽  
Good Faith ◽  
Mental Wellbeing ◽  
Level Playing Field ◽  
Law Firm ◽  
Ethical Codes ◽  
Playing Field ◽  
Effective Advocacy

Abstract Van Vechten (Johnny) Veeder delivered the 2001 Goff Lecture in Hong Kong on the topic of ‘The Lawyer’s Duty to Arbitrate in Good Faith’. He was especially concerned that there should be a ‘level playing field’ for advocates who come from different jurisdictions and who are subject to different national deontological rules. His concerns were echoed and amplified by other leading voices. This led to the issue being addressed in guidelines drafted by some arbitral institutions and organisations (such as the LCIA, the IBA arbitration committee and ICCA). While not addressed in his Goff lecture, Veeder was also concerned that advocates should treat each other with civility. This article, written as a tribute to Veeder, explores the extent to which various ethical codes of conduct, changes in law firm culture, issues of mental wellbeing, and effective advocacy, require lawyers to treat each other with courtesy, respect and civility.

Humans as a Service

2018 ◽  
Author(s):  
Jeremias Prassl
Keyword(s):  
Business Models ◽  
Disruptive Innovation ◽  
Level Playing Field ◽  
Employment Relationships ◽  
Playing Field ◽  
On Demand ◽  
Gig Economy ◽  
Wide Range ◽  
Digital Work ◽  
Stable Employment

The rise of the gig economy is disrupting business models across the globe. Platforms’ digital work intermediation has had a profound impact on traditional conceptions of the employment relationship. The completion of ‘tasks’, ‘gigs’, or ‘rides’ in the (digital) crowd fundamentally challenges our understanding of work in modern labour markets: gone are the stable employment relationships between firms and workers, replaced by a world in which everybody can be ‘their own boss’ and enjoy the rewards—and face the risks—of independent businesses. Is this the future of work? What are the benefits and challenges of crowdsourced work? How can we protect consumers and workers without stifling innovation? Humans as a Service provides a detailed account of the growth and operation of gig-economy platforms, and develops a blueprint for solutions to the problems facing on-demand workers, platforms, and their customers. Following a brief introduction to the growth and operation of on-demand platforms across the world, the book scrutinizes competing narratives about ‘gig’ work. Drawing on a wide range of case studies, it explores how claims of ‘disruptive innovation’ and ‘micro-entrepreneurship’ often obscure the realities of precarious work under strict algorithmic surveillance, and the return to a business model that has existed for centuries. Humans as a Service shows how employment law can address many of these problems: gigs, tasks, and rides are work—and should be regulated as such. A concluding chapter demonstrates the broader benefits of a level playing field for consumers, taxpayers, and innovative entrepreneurs.

Contract Formation in Hong Kong

2018 ◽  
Author(s):  
Lusina HO
Keyword(s):  
Hong Kong ◽  
Social Context ◽  
Common Law ◽  
General Rule ◽  
Good Faith ◽  
Local Context ◽  
General Duty ◽  
Contract Formation ◽  
Formal Requirement ◽  
The Law

This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional circumstances. Acceptances become effective as soon as they are dispatched. In the ‘battle of forms’ scenario, the Hong Kong courts follow the traditional ‘last-shot’ rule. There is no general duty to negotiate in good faith, and even agreements to negotiate in good faith are normally unenforceable for lack of certainty. As a general rule, contracts can be validly made without adhering to any formal requirement. Online contracts will normally be valid and enforceable; the formation of such contracts is governed by common law as supplemented by legislation.

scholarly journals Ethical codes of conduct and practices using human subjects

2010 ◽  
Vol 9 ◽  
pp. 2021-2025
Author(s):  
Norani Mohd.Salleh ◽  
Rohaida Mohd.Saata
Keyword(s):  
Human Subjects ◽  
Codes Of Conduct ◽  
Ethical Codes
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