Fan Arbitration in China

A Legal and Cultural Analysis
1. Auflage 2013
ISBN: 978-1-84946-377-5
Verlag: Hart Publishing

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Beschreibung

In the context of harmonisation of arbitration law and practice worldwide, 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 ist 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 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 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 ist wider social context to aid understanding of ist history, contemporary practice, the legal obstacles to modern arbitration, and possible future trends.

In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies.

Autoren

Autoren

Fan, Kun

Über den Autor

Fan, Kun
Kun Fan is Assistant Professor at the Faculty of Law, Chinese University of Hong Kong and Visiting Scholar at the Harvard Yenching Institute, Harvard University. She received her PhD (summa cum laude) from Geneva University. She is a former Deputy Counsel of the ICC International Court of Arbitration and now practises as a Senior Consultant for Arbitration Asia. She is called to the New York Bar, is a Member of the Chartered Institute of Arbitrators and is an Accredited Mediator and Domain Names Panelist of the Hong Kong International Arbitration Center.

Inhaltsverzeichnis

Introduction 1 Overview of the Chinese Legal Framework and Arbitration System 2 Arbitration Agreement 3 Arbitral Tribunal 4 Recognition and Enforcement of Arbitral Awards5 The Practice of Arbitration Institutions 6 The Combination of Mediation with Arbitration 7 Chinese Characteristics in Arbitration Law and Practice 8 Traditional Legal Culture and its Influence on Contemporary Arbitration Practice 9 The Modernisation of Law and Cultural Influences on the Arbitration Practice 10 Conclusion Bibliography Appendix 1: Arbitration Law of the People's Republic of China (1995) Appendix 2: Interpretation of the SPC on Certain Issues Relating to Application of the Arbitration Law of the People's Republic of China (2006) Appendix 3: Relevant Provisions of the Civil Procedure Law (2012 Amendment)

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