Role of FDRC
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Background
The Financial Dispute Resolution Centre ("FDRC") was set up in November 2011 as a non-profit making company limited by guarantee. It is an independent and impartial organisation administering the Financial Dispute Resolution Scheme ("FDRS") which requires financial institutions, members of the FDRS, to resolve monetary disputes with their customers through mediation and/or arbitration.
Our Mission
To provide independent and impartial mediation and arbitration services, primarily through a “Mediation First, Arbitration Next” approach, to facilitate the resolution of monetary disputes between financial institutions and their customers in Hong Kong.
Our Vision
To be the leading provider of financial dispute resolution services for disputes between financial institutions and their customers so that such disputes can be resolved by a constructive approach without further escalation and to reinforce Hong Kong’s role as an international financial centre by expanding our service scope and engaging stakeholders of the financial industry.
Our Guiding Principles
Independence: To provide and operate an independent dispute resolution scheme for financial institutions and their customers;
Impartiality: To maintain and implement the dispute resolution processes which treat both the financial institutions and their customers in an impartial way;
Accessibility: To set down dispute resolution processes which are simple, straightforward and easy to understand so that the services provided to our users are accessible and user-friendly;
Efficiency: To ensure that financial disputes are settled in a timely and efficient manner; and
Transparency: To be as open and transparent as possible in dealing with financial disputes, whilst also acting in accordance with confidentiality and privacy obligations under the laws of Hong Kong.
Purview of the FDRC
FDRC only handles Eligible Disputes filed by Eligible Claimants.
An Eligible Dispute is a dispute which
- involves an Eligible Claimant (”EC”) and a financial institution which is a member of FDRS ("FI");
- arises out of a contract between the Eligible Claimant and the financial institution entered into or arisen in Hong Kong or any services provided by the financial institution as an agent
- is of a monetary nature
- must arise out of a contract between the EC and the FI that was entered into or arose in Hong Kong, or any act or omission of the FI in connection with the provision of a Financial Service to an EC where the FI acted as an agent.
In accordance with Terms of Reference (Jan 2018), the FDRC may handle claims whose date of first knowledge of loss by the claimant falling on or after 1 Jan 2018. The terms in relation to Small Enterprises are effective from 1 Jul 2018.
The claim may be up to HK$1,000,000 and/or within the 24 months limitation period from the date on which the claimant first had knowledge of his/her loss.(”Standard Eligible Disputes”)
Subject to the parties’ consent, the FDRC may handle cases with a claim exceeding HK$1,000,000 and/or beyond the 24 months limitation period. (”Extended Eligible Disputes”)
Terms of Reference (Feb 2014) applies for claims from individuals or sole proprietors, whose first knowledge of loss before 1 Jan 2018. The maximum claimable amount is HK$500,000 and the limitation period is 12 months.
FDRC’s criteria for accepting and rejecting applications is set out more fully in the FDRS Guidelines on Intake Criteria of Cases (2014) and FDRS Guidelines on Intake Criteria of Cases (2018).
In accordance with Terms of Reference (Jan 2018), they are individuals, sole proprietors or small enterprises ("SE")* who:
- had/have customer relationship with a member of FDRS; or
- have been rendered any financial services by any member of FDRS.
* SE means a limited company or a partnership, and in accordance with SE’s or its group’s latest financial year end statement has:
- an annual turnover not exceeding HK$50 million; and
- gross assets not exceeding HK$50 million; and
- not more than 50 employees in Hong Kong.
In accordance with Terms of Reference (Feb 2014), the Eligible Claimants are individuals or sole proprietors.