Arbitration Law
Professional legal research in Arbitration Law.
Commercial Arbitration: Values and Differences
Commercial arbitration differs from litigation in fundamental ways reflecting distinct values. This article examines the core principles of commercial arbitration including party autonomy, confidentiality, expertise, efficiency, and finality, contrasting these with court litigation and analyzing their implications for dispute resolution strategy.
Commercial Arbitration: Ancient and Modern (Part 1)
Commercial arbitration as a dispute resolution mechanism has ancient roots and modern significance. This article traces the historical development of commercial arbitration from ancient Greece and Rome through medieval merchant courts to modern international commercial arbitration, examining key legal frameworks and institutional developments.
Practical Research on Arbitration Judicial Review (Part 1): A Brief Analysis of Remedies Available to Parties Dissatisfied with Domestic Commercial Arbitration Awards
Introduction: Generally speaking, domestic arbitration is divided into commercial arbitration and labor dispute arbitration. This series of articles on practical research into arbitration judicial review only explores commercial arbitration, namely arbitration arising from 'contract disputes and other property rights disputes between citizens, legal persons, and other organizations as equal subjects' as stipulated in Article 2 of the 'Arbitration Law of the People's Republic of China' (hereinafter referred to as the 'Arbitration Law').
Tradition, Ethos, and Lessons: A Review of ICC PIDA Training Level 1
The author shares their experience participating in the ICC PIDA Level 1 training held in October 2022, systematically reviewing the institutional culture of the ICC International Court of Arbitration, its core arbitration system, and arbitration practice in Mainland China. The article first introduces the ICC's tradition of elitism and the philanthropic dedication of its tutor team. It then analyzes key features of the ICC Arbitration Rules, including the Terms of Reference, Case Management Conference and Procedural Timetable, and evidentiary rules, comparing the differences in application between the IBA Rules and the Prague Rules. Next, drawing on typical judicial cases such as the "Longlide Case," it explores the inclusive policy orientation and friendly judicial environment in Mainland China towards foreign arbitration institutions conducting business, pointing out the broad prospects for international commercial arbitration in the mainland. Finally, it describes the professionalism of the participating lawyers and the benefits gained from the training. The article provides a clear overview of international commercial arbitration rules and the development of arbitration rule of law in China, combining institutional interpretation, practical observation, and industry outlook.