Dispute Resolution in China: Litigation, Arbitration, Mediation and Their Interactions

ISBN-13: 9781138823594 / Angielski / Twarda / 2021 / 270 str.

Weixia Gu;¬Abar;¬Abar

Opis

In recent years, the Chinese legal system on civil litigation, arbitration and mediation, including their respective laws, regulations, and legal institutions, has undergone many changes. These reforms include, for example, three rounds of Reform Plans of the People's Courts (1998-2013), amendments to the Civil Procedure Law in 2007 and 2012, revisions to rules of China's flagship arbitration institution, the China International Economic and Trade Arbitration Commission (CIETAC), in 2005 and 2012, and promulgation of the People's Mediation Law in 2010. This book focuses on the law and development of these three major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms. It also explores the wider contextual factors (political, economic, and societal) that led to these developments and looks at the possible obstacles to further development, for civil justice reform in particular and rule-of-law in general. By examining up-to-date literatures while exploring answers to the academic inquiries, this book provides a thorough analysis of the dynamic contemporary Chinese system of dispute resolution that has on the one hand blended Chinese traditions, socioeconomic and sociopolitical realities, guanxi culture and foreign experience, and has on the other hand developed distinctively to respond to China's market and societal transitions. This book will be an invaluable reference tool for students, scholars and practitioners with an interest in Chinese law, dispute resolution, and broader economic and political dimensions of dispute resolution development in China.

Spis treści

 Part I: Background of Dispute Resolution in China 1. Introduction to Dispute Resolution 2. Courts and Dispute Resolution Part II: The Laws of and Developments in China’s Major Dispute Resolution Systems 3. Civil Litigation: Evolution towards a More Litigious Society 4. Arbitration: A Synthesis of Unique Socio-economic Dynamics 5. Mediation: Scattered Regime and Socio-political Orientations Part III: Interaction between Litigation, Arbitration, Mediation and China’s Hybrid Dispute Resolution Systems and Developments 6. Judicial Mediation: The Juggling Path between Adjudicatory and Mediatory Justice 7. Judicial Enforcement of Arbitration: Extending a Pro-Arbitration Judicial Embrace 8. Med-Arb: When Local Practices Meet (or Do Not Meet) International Expectations Part IV: Conclusion 9. Conclusions: China’s Civil Justice Reform

O autorze

Weixia Gu is an Associate Professor at The University of Hong Kong (HKU), Faculty of Law, and a Co-Chair of the American Society of International Law Asia-Pacific Interest Group, where she specialises in arbitration and dispute resolution (both international and domestic) and private international law, with a focus on China. She is the author and editor of over 60 books, book chapters and journal articles. Her works have appeared in leading comparative and international law journals in the East and West, and her scholarship has been cited by the US Court of Appeals Eleventh Circuit, US Texas Supreme Court, and Singapore Law Gazette. She is the recipient of HKU’s Outstanding Young Researcher Award in 2018.