Arbitration in China A Legal and Cultural Analysis

Author: Kun Fan
Publisher: Hart Publishing
ISBN: 9781849463775
Published In: February 2013
Format: Hardback , 366 pages
Jurisdiction: China ? Disclaimer:
Countri(es) stated herein are used as reference only

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In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still infuence 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 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 businessmen, 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 its wider social context to aid understanding of its 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.
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 degree (summa cum laude) from Geneva University. She is a former Deputy Counsel of the ICC International Court of Arbitration and now practices as a Senior Consultant for Arbitration Asia. She is called to the New York Bar, Member of the Chartered Institute of Arbitrators, Accredited Mediator and Domain Names Panelist of the Hong Kong International Arbitration Center.
Dr. Fan's book will interest practitioners in arbitration, international commercial and comparative law, specialists in dispute resolution, and students in arbitration and mediation courses. Specialists and non-specialists alike will learn about how aspects of China's legal culture have shaped the development of contemporary China's legal framework and its arbitration/mediation practices.
Meridian 180
September 2013

The book is of great value for academics, scholars and students of international arbitration and comparative studies. It may also be very useful for practitioners of arbitration in China.
Yves Claeys
Association of International Arbitration Newsletter
March 2013