International Commercial Arbitration in the EU and the PRC: A Tale of Two Continents or 28 plus 3 Legal Systems

Forthcoming in: Jürgen Basedow and Knut B. Pißler (eds.), Private International Law in Mainland China, Taiwan and Europe, Tübingen, Mohr Siebeck, 2014

33 Pages Posted: 18 Jun 2014

See all articles by Carlos Esplugues

Carlos Esplugues

University of Valencia - Faculty of Law

Date Written: April 17, 2014

Abstract

A first approach to the attitude maintained in the EU and the People’s Re-public of China (PRC) towards alternative dispute resolution (ADR) displays similitudes regarding the support that this movement receives in both places. However, and standing on this common acceptance, a deeper analysis of the existing situation in both regions highlights the existence of significant differences in relation to key aspects of ADR. Not only the final reasons underlying the support granted to ADR vary in China and Europe, also the extent of its acceptance, the understanding of the meaning of the several existing ADR devices and solutions embodied as regards them, the primacy awarded to each of them and the way they are actually implemented show relevant contrasts that affect their practical implementation and their future. Moreover, existing differences underpin the debate about the existence of a worldwide common understanding of ADR very much linked to the Western models of (i) dispute resolution, (ii) the valid coexistence of several approaches to this notion of ADR and (iii) the role played by international harmonization, at least in the field of international commercial arbitration.

In this contribution we basically focus on international commercial arbitration. Our goal is not to provide a comprehensive study of the legal framework existing in the EU and the PRC. We want to stress some basic differential elements in order to understand and justify the different situation for arbitration in the EU and mainland China. In the first part of our work the existing legal framework of the institution in Europe and the PRC will be approached. In the second part we will stress some of the main differences arising out of that legal framework. Finally some practical suggestions for practitioners will be drawn up.

Keywords: international commercial arbitration, PRC, European Union, Hong Kong, ADR, Exequatur, Recognition and enforcement of foreign arbitration awards

JEL Classification: J52, K33, K41,

Suggested Citation

Esplugues, Carlos, International Commercial Arbitration in the EU and the PRC: A Tale of Two Continents or 28 plus 3 Legal Systems (April 17, 2014). Forthcoming in: Jürgen Basedow and Knut B. Pißler (eds.), Private International Law in Mainland China, Taiwan and Europe, Tübingen, Mohr Siebeck, 2014 , Available at SSRN: https://ssrn.com/abstract=2454803

Carlos Esplugues (Contact Author)

University of Valencia - Faculty of Law ( email )

Avda. de los Naranjos s/n
Valencia, Valencia E-46022
Spain
34963828551 (Phone)
34963828552 (Fax)

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