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
Date Written: 2016
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
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