Arbitration in China: a Legal and Cultural Analysis

• Author: N. Bocharova
• Position: Lomonosov Moscow State University (Moscow, Russia)
• Pages: 86-90

BOOK REVIEW NOTES

aRBITR aTIon In C hIna:

a LEGaL and CuLTuRaL anaLySIS1

NATALIYA BOCHAROVA,

Lomonosov Moscow State University

(Moscow, Russia)

Recommended citation: Nataliya Bocharova, Arbi tration in Chin a: A Legal a nd

Cultural Analysis, 2(2) BRICS LJ (2015).

1. Introduction

Undoubtedly we live in the age of arbitration. Arbitration is the preferred method

of t he interna tional di spute reso lution. Bu t when we thin k over arbitration, its

history, development, core and nature we usually refer to Western experience such

as Roman jus civile or lex mercatoria in Europe, when the Roman principle pacta sunt

servanda determines the possibility to deliver a dispute to arbitration. Among variety

researches on international arbitration one can barely nd complete and adequate

analysis of the Asian experience in this eld. China legal tradition lacks for a notion

of private law. Dispute resolution in China was inuenced by the Confucian idea of

an avoidance of the conicts. But over the past 30 years international arbitration

become far the most popular mechanism for resolving international commercial

disputes in the Asia-Pacic region.2 How these mechanisms have been developing,

what they are based on and what is the future of arbitration in China are examined

by Dr. Ku n Fan in h er thorough study ‘Arbitration in China: A Legal and Cultural

Analysis.’

1 Reviewed book: Kun Fan, Arbitration in China: A Legal and Cultural Analysis (China and International

Economic Law Series) (Hart Pub. 2013).

2 Simon Greenberg et al., International Commercial Arbitration: An Asia-Pacic Perspective 1 (Cambridge

University Press 2011).