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China's ever-expanding commercial influence has attracted global
attention on how its civil and commercial disputes are resolved.
This compelling new book, Dispute Resolution in China, offers a
detailed examination of the elements in the Chinese legal system
and the relevant reforms to the multiplicity of approaches to civil
and commercial disputes in China today. This book reveals how civil
litigation, commercial arbitration, mediation, and their hybrid
dispute resolution have distinctly responded to, reformed, and
developed in the context of China's transformational economic
growth, societal development, and international interaction in the
last two decades. It situates these developments and continued
experimentation within a unique hybrid of empirical, contextual,
and comparative analytical framework, while paving productive
pathways towards the future. This book argues that, rather than
being a legal project, China's civil and commercial dispute
resolution system is essentially a social development project,
which distinguishes the Chinese approach to civil justice reform
from contemporary civil justice movements elsewhere. Among the
primary methods of dispute resolution, commercial arbitration in
China today uniquely transcending the traditional socio-political
constraints, its reform has developed in favor of market-oriented
considerations and shaped by China's socio-economic dynamics and
internationalization needs. By contrast, civil litigation and
mediation being more instrumentalist in nature, their reform is
socio-politically embedded and continues to prioritize social
stability. This book also shines a fresh light on comparative
assessments of top-down and bottom-up changes in China's dispute
resolution discourse, as well as on how China speaks to
international dispute resolution systems. Original and rich in its
analysis, this book will be essential reading and invaluable
reference tool for scholars with a focus on Chinese law,
comparative and international dispute resolution, and on broader
legal, institutional, economic, social, political and cultural
dimensions of dispute resolution development.
China's ever-expanding commercial influence has attracted global
attention on how its civil and commercial disputes are resolved.
This compelling new book, Dispute Resolution in China, offers a
detailed examination of the elements in the Chinese legal system
and the relevant reforms to the multiplicity of approaches to civil
and commercial disputes in China today. This book reveals how civil
litigation, commercial arbitration, mediation, and their hybrid
dispute resolution have distinctly responded to, reformed, and
developed in the context of China's transformational economic
growth, societal development, and international interaction in the
last two decades. It situates these developments and continued
experimentation within a unique hybrid of empirical, contextual,
and comparative analytical framework, while paving productive
pathways towards the future. This book argues that, rather than
being a legal project, China's civil and commercial dispute
resolution system is essentially a social development project,
which distinguishes the Chinese approach to civil justice reform
from contemporary civil justice movements elsewhere. Among the
primary methods of dispute resolution, commercial arbitration in
China today uniquely transcending the traditional socio-political
constraints, its reform has developed in favor of market-oriented
considerations and shaped by China's socio-economic dynamics and
internationalization needs. By contrast, civil litigation and
mediation being more instrumentalist in nature, their reform is
socio-politically embedded and continues to prioritize social
stability. This book also shines a fresh light on comparative
assessments of top-down and bottom-up changes in China's dispute
resolution discourse, as well as on how China speaks to
international dispute resolution systems. Original and rich in its
analysis, this book will be essential reading and invaluable
reference tool for scholars with a focus on Chinese law,
comparative and international dispute resolution, and on broader
legal, institutional, economic, social, political and cultural
dimensions of dispute resolution development.
The Developing World of Arbitration studies the recent emergence of
Asia Pacific jurisdictions as regional or international arbitration
centres, thanks to various reform efforts and initiatives. This
book provides an up-to-date and comprehensive analysis of the ways
in which arbitration law and practice have recently been reformed
in Asia Pacific jurisdictions. Leading contributors across the Asia
Pacific region analyse twelve major jurisdictions representing
varying patterns and degrees of development, whether driven from
top down, bottom up, or by some hybrid impetus. Setting the
arbitration systems and reforms of each investigated jurisdiction
in the context of its economic, political, and judicial dynamics,
this book presents, for the first-time, a cross-jurisdiction
comparative and contextual study of the developing world of
arbitration in the Asia Pacific and contributes to comparative
international arbitration literature from an Eastern perspective.
It also aims to identify an Asia Pacific model of arbitration
modernisation, one that may be distinct from a Western model, and
predicts future trajectories of development and challenge in light
of the ever increasing competition between Eastern- and
Western-based arbitration centres. This edited collection will be
an invaluable addition to the libraries of academics and
practitioners in the field of international commercial arbitration.
Multi-tier dispute resolution (MDR) entails an early attempt at
mediation followed by arbitration or litigation if mediation is
unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness
as a means of resolving disputes due to its combination of the
flexibility and informality of mediation with the rigour and
formality of arbitration or litigation. Yet, the question is why,
except in China and some Asian jurisdictions, MDR is not resorted
to around the world and MDR clauses in commercial contracts remain
relatively uncommon. This book responds to that question by (1)
surveying global regulatory approaches frameworks for MDR, (2)
comparing MDR trends in Asia and the wider world, (3) identifying
MDR's strengths and weaknesses, and (4) prescribing ways to address
MDR's weaknesses (the enforceability of MDR clauses, the
difficulties arising when the same person acts as mediator and
decision-maker in the same dispute, and the enforcement of mediated
settlement agreements resulting from MDR).
Multi-tier dispute resolution (MDR) entails an early attempt at
mediation followed by arbitration or litigation if mediation is
unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness
as a means of resolving disputes due to its combination of the
flexibility and informality of mediation with the rigour and
formality of arbitration or litigation. Yet, the question is why,
except in China and some Asian jurisdictions, MDR is not resorted
to around the world and MDR clauses in commercial contracts remain
relatively uncommon. This book responds to that question by (1)
surveying global regulatory approaches frameworks for MDR, (2)
comparing MDR trends in Asia and the wider world, (3) identifying
MDR's strengths and weaknesses, and (4) prescribing ways to address
MDR's weaknesses (the enforceability of MDR clauses, the
difficulties arising when the same person acts as mediator and
decision-maker in the same dispute, and the enforcement of mediated
settlement agreements resulting from MDR).
The Developing World of Arbitration studies the recent emergence of
Asia Pacific jurisdictions as regional or international arbitration
centres, thanks to various reform efforts and initiatives. This
book provides an up-to-date and comprehensive analysis of the ways
in which arbitration law and practice have recently been reformed
in Asia Pacific jurisdictions. Leading contributors across the Asia
Pacific region analyse twelve major jurisdictions representing
varying patterns and degrees of development, whether driven from
top down, bottom up, or by some hybrid impetus. Setting the
arbitration systems and reforms of each investigated jurisdiction
in the context of its economic, political, and judicial dynamics,
this book presents, for the first-time, a cross-jurisdiction
comparative and contextual study of the developing world of
arbitration in the Asia Pacific and contributes to comparative
international arbitration literature from an Eastern perspective.
It also aims to identify an Asia Pacific model of arbitration
modernisation, one that may be distinct from a Western model, and
predicts future trajectories of development and challenge in light
of the ever increasing competition between Eastern- and
Western-based arbitration centres. This edited collection will be
an invaluable addition to the libraries of academics and
practitioners in the field of international commercial arbitration.
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