Financial Dispute Resolution in China: Arbitration or Court Litigation?

Arbitration International, Volume 28 No. 1, 2012

University of Hong Kong Faculty of Law Research Paper No. 2012/32

26 Pages Posted: 15 Aug 2012 Last revised: 23 Oct 2015

See all articles by Shahla F. Ali

Shahla F. Ali

The University of Hong Kong - Faculty of Law

(Robin) Hui Huang

Chinese University of Hong Kong - Faculty of Law; University of New South Wales - Faculty of Law

Date Written: January 14, 2012

Abstract

Determining the appropriate venue for the resolution of financial disputes is a question that has received increased attention in recent years given the growth in financial and banking-related disputes. Within China, the general consensus has been that arbitration is generally to be preferred to in-court litigation due to several factors including practical and court-related considerations. This article critically compares how China’s national arbitration commissions and specialized financial courts are responding to new challenges brought about by an increase in the number of banking related disputes.

Keywords: Chinese Law, Dispute Resolution, Arbitration, Legal Reform, Financial Disputes, Litigation

Suggested Citation

Ali, Shahla F. and Huang, (Robin) Hui, Financial Dispute Resolution in China: Arbitration or Court Litigation? (January 14, 2012). Arbitration International, Volume 28 No. 1, 2012; University of Hong Kong Faculty of Law Research Paper No. 2012/32. Available at SSRN: https://ssrn.com/abstract=2129579

Shahla F. Ali (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Chung Yu Tung Tower (Law), Centennial Campus
Pokfulam Road
Hong Kong
(852) 3917 2931 (Phone)
(852) 2559-3543 (Fax)

HOME PAGE: http://www.hku.hk/law/faculty/staff/ali_shahla.html

(Robin) Hui Huang

Chinese University of Hong Kong - Faculty of Law ( email )

Shatin, New Territories
Hong Kong
852-39431805 (Phone)
852-29942505 (Fax)

HOME PAGE: http://www.law.cuhk.edu.hk/people/huang-hui-robin.php

University of New South Wales - Faculty of Law ( email )

Sydney, New South Wales 2052
Australia
61-2-9385 9649 (Phone)
61-2-9385 1175 (Fax)

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