On my Bookshelf: “Arbitration in China: A Legal and Culture Analysis”, by Professor Kun FAN

kunfan_arbitrationinchinaThe Book Arbitration in China: A Legal and Culture Analysis by Professor Kun FAN (with a Foreword by Professor Gabrielle Kaufmann-Kohler), Hart Publishing is now available (HartAmazon, and major bookstores). 


In the context of harmonization of arbitration law and practice worldwide, to what extent are local legal traditions still influential on local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the major economic powers reacting to the trend towards harmonization? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Can China retain its traditional legal culture and at the same time influence the practice of arbitration in the rest of the world?

To address these baffling questions, it is necessary to examine the development of arbitration in the context of China’s changing cultural and legal structures. Written for international businessmen, lawyers, academics, and students, this book gives the reader a unique insight into real arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration, and possible future trends.

In 2011, the thesis on which this book was based was named “Best Thesis in International Studies” by the Swiss Network for International Studies.

About the author: Professor Kun FAN is currently is Assistant Professor at the Faculty of Law, Chinese University of Hong Kong and Visiting Scholar at the Harvard Yenching Institute, Harvard University.

Also recommended: Kun FAN’s blog.