Dispute Resolution in China: Litigation, Arbitration, Mediation and their Interactions

China's expanding commercial influence has led to increased scrutiny of its civil and commercial dispute resolution system. This book explores the various approaches to dispute resolution in China, including civil litigation, commercial arbitration, mediation, and their hybrid forms, and how they have responded to China's economic growth, societal development, and international interactions. It argues that China's dispute resolution system is a social development project rather than a legal one and highlights the unique role of commercial arbitration in favor of market-oriented considerations. The book also provides a comparative analysis of top-down and bottom-up changes in China's dispute resolution discourse and its engagement with international dispute resolution systems.

Format: Paperback / softback
Length: 270 pages
Publication date: 09 January 2023
Publisher: Taylor & Francis Ltd

China's ever-growing commercial influence has sparked global interest in how its civil and commercial disputes are resolved. This captivating new book, Dispute Resolution in China, delves into a comprehensive examination of the elements within the Chinese legal system and the significant reforms that have shaped the diverse approaches to civil and commercial disputes in China today. This book unveils how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution methods have responded, reformed, and evolved in the context of China's remarkable economic growth, societal development, and international interactions over the past two decades. It situates these developments and ongoing experiments within a unique hybrid of empirical, contextual, and comparative analytical frameworks, while paving the way for productive future endeavors.

This book makes a compelling argument that China's civil and commercial dispute resolution system is, at its core, a social development project rather than a mere legal endeavor. This distinction sets China's civil justice reform apart from contemporary civil justice movements in other parts of the world. Among the various methods of dispute resolution, commercial arbitration in China has uniquely transcended the traditional socio-political constraints, undergoing reform that favors market-oriented considerations and is shaped by China's socio-economic dynamics and internationalization needs. In contrast, civil litigation and mediation, being more instrumentalist in nature, remain socio-politically embedded and prioritize social stability.

Furthermore, this book sheds fresh light on comparative assessments of top-down and bottom-up changes in China's dispute resolution discourse, as well as on how China engages with international discourse on dispute resolution. By exploring these aspects, the book provides valuable insights into the evolving landscape of dispute resolution in China and its implications for both domestic and international stakeholders.

Weight: 530g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367698836