Study on Establishing a Financial Consumer Alternative Dispute Resolution Scheme in China

The thesis aims to answer two research questions. The first is whether it is good to introduce a consumer ADR scheme that is specially designed for China’s financial service market and the second is what this financial consumer ADR scheme for China’s financial service market may look like. The two research questions are important, because there has been no work discussing why a special designed financial consumer ADR scheme is good for Chinese financial service market in the Chinese context and how this should be designed, this is the gap the thesis tries to fill. For the first research question, the thesis argues that a financial consumer ADR scheme is good for Chinese financial service market. Because a financial consumer ADR scheme that is specially designed for China can provide consumers with a place to resolve their disputes in a cheap, fast, and efficient way. A good designed financial consumer ADR scheme may also have functions such as consumer advice, collect and feedback data and improve the market behaviour. These functions may balance the imbalance of power between financial firms and consumers and increase confidence on Chinese financial service market. For the second research question, the thesis argues that the government or regulators may impose such new financial consumer ADR scheme through legislation or establish such scheme firstly and then seek for a legislation later. An independent ADR body may be established to operate the scheme. It may have compulsory jurisdiction on most financial firms and financial service. A multilayer working process used in sequence could be the working procedure of the scheme. The outcome produced by the new ADR scheme may be binding while providing the consumer with a full or limited unilateral opt-in right. The new ADR scheme may provide the consumer with a free service and collect its funds mainly form the financial industry by charging a levy and case fee.