Description
Bloomsbury Publishing PLC Arbitration in China: A Legal and Cultural Analysis by Kun Fan
In the context of harmonisation of arbitration law and practice worldwide to what extent are local legal traditions still influential on 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 major 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. Can China retain its traditional legal culture and at the same time influence the practice of arbitration in the rest of the world? 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 Chinas changing cultural and legal structures. Written for international businessmen 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.