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

See all articles by Kun Fan

Kun Fan

Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre

Date Written: August 14, 2016

Abstract

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

Suggested Citation

Fan, Kun, Salient Features of International Commercial Arbitration in East Asia: A Comparative Study of China and Japan (August 14, 2016). American University Business Law Review, Vol. 5:3, pp. 448-483, 2016, Available at SSRN: https://ssrn.com/abstract=3018717

Kun Fan (Contact Author)

Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre ( email )

UNSW Law
Sydney, NSW 2052
Australia

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