Beyond the 'Harmonious Confucian': International Commercial Arbitration and the Impact of Chinese Cultural Values

Joshua Karton, "Beyond the ‘Harmonious Confucian’: International Commercial Arbitration and the Impact of Chinese Cultural Values", in Chang-fa Lo et al (eds), Legal Thoughts between the East and the West in the Multilevel Legal Order: Liber Amicorum in Honor of Professor Herbert Han-pao Ma (2016)

24 Pages Posted: 30 Apr 2018

See all articles by Joshua Karton

Joshua Karton

Queen's University Faculty of Law; National Taiwan University - College of Law

Date Written: 2016

Abstract

In the contemporary world, one area where the mutual influence of culture and law is most clearly on display is international commercial arbitration. This chapter explores the philosophical, cultural, socio-economic, and structural roots of international arbitration as it is conducted in culturally Chinese jurisdictions and by culturally Chinese parties and arbitrators. Is traditional Chinese culture persistent? Or is its impact swamped by differences in legal systems and the economic imperatives of modern commercial dispute resolution? The chapter concludes that, while standard practices in international arbitration do seem to be determined more by structural and legal factors than by cultural ones, Chinese dispute resolution culture will nevertheless be influential in shaping the evolution of global international arbitration standards.

Keywords: socio-legal, international arbitration, comparative law, Chinese culture, med-arb

Suggested Citation

Karton, Joshua, Beyond the 'Harmonious Confucian': International Commercial Arbitration and the Impact of Chinese Cultural Values (2016). Joshua Karton, "Beyond the ‘Harmonious Confucian’: International Commercial Arbitration and the Impact of Chinese Cultural Values", in Chang-fa Lo et al (eds), Legal Thoughts between the East and the West in the Multilevel Legal Order: Liber Amicorum in Honor of Professor Herbert Han-pao Ma (2016) . Available at SSRN: https://ssrn.com/abstract=3161192

Joshua Karton (Contact Author)

Queen's University Faculty of Law ( email )

Macdonald Hall
128 Union St.
Kingston, Ontario K7L3N6
Canada

National Taiwan University - College of Law ( email )

No.1, Sec.4, Roosevelt Road
Taipei, 10617, 10617
Taiwan

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