CROSS-CULTURAL PERSPECTIVES ON THE BUSINESS DISPUTE RESOLUTION SYSTEM IN CHINA
CROSS-CULTURAL PERSPECTIVES ON THE BUSINESS DISPUTE RESOLUTION SYSTEM IN CHINA

Summary/Abstract: This paper explores the revolutionizing power of crosscultural dialogues in the context of the development of the business dispute resolution system in China. Parties may choose to arbitrate or litigate their disputes. This paper is focused on the development of Chinese arbitration law and culture. Part I provides a vivid portrait of the deepening of China’s transition from a non-market economy to a market economy. As a result, Chinese cultures must constantly evolve as they are being exposed to an astonishing array of global activities. Part II explains the significant role played by China’s venerable arbitral tribunal, CIETAC (China International Economic and Trade Arbitration Commission). The author notes that regular exchanges have been established between CIETAC and various Western arbitral tribunals. The author elaborates CIETAC’s ever-quickening efforts to search for solutions to issues that are foreign to Chinese cultures, prompted by the ever-quickening globalization of cultures and economics. Part III explains the role of Chinese courts in support of arbitration, particularly in the area of enforcing an arbitral award. The judicial role in China is clearly evident in the conduct of international arbitration, as evidenced by various opinions issued by the Chinese courts. Last but not the least, in Part IV, the author suggests ways to promote continued cultural learning and understanding between the East and the West.

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