Arbitration in China
Subtitle: a legal and cultural analysis
By: Kun Fan
Series: China and international economic law series -- volume 5; China and international economic law series -- v. 5.
Publisher: Hart Publishing
Published: 2013
Place of publication: Oxford, United Kingdom
Language: eng
Number of pages: 313
ISBN-13: 9781849463775
Copyright date: 2013
Subjects: Arbitration and award; Dispute resolution (Law); Mediation
Description: "In the context of harmonisation of arbitration law and practice world wide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will the Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into real arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration, and possible future trends"--P. [i].
Notes: Includes bibliographical references (pages 247-272) and index.
Table of contents: title: Overview of the Chinese legal framework and arbitration system; title: Arbitration agreement; title: Arbitral tribunal; title: Recognition and enforcement of arbitral awards; title: The practice of arbitration institutions; title: The combination of mediation with arbitration; title: Chinese characteristics in arbitration law and practice; title: Traditional legal culture and its influence on contemporary arbitration practice; title: The modernization of law and cultural influences on arbitration practice; title: Conclusion.