Salient Features of International Commercial Arbitration in East Asia: A Comparative Study of China and Japan
American University Business Law Review, Vol. 5:3, pp. 448-483, 2016
38 Pages Posted: 16 Aug 2017
Date Written: August 14, 2016
This paper discusses the salient features of arbitration in East Asia through case studies from Japan and China. It illustrates the recent trends of arbitration development in East Asia. It then describes how the present state of the law and practice came to be in China and Japan by examining their historical developments and contemporary practices. This paper will draw comparisons between the countries' legislation, courts, and arbitration customs. This paper summarizes the country-specific features of arbitration in Japan and China and highlights some commonalities in the conduct of arbitration within these two countries and in East Asia generally. It analyzes the cultural reasons for both the divergences and convergences in arbitration in East Asia. This paper concludes with a prediction on the future trends of development.
Keywords: Arbitration, East Asia, China, Japan, Glocalization, Culture
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