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Arbitral Power in the People's Republic of China: Reality and Reform

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Description:This dissertation, "Arbitral Power in the People's Republic of China: Reality and Reform" by Wenying, Wang, 王文英, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract:Abstract of dissertation entitled "ARBITRAL POWER IN THE PEOPLE'S REPUBLIC OF CHINA: REALITY AND REFORM" Submitted by Wang Wenying For the degree of Doctor of Legal Science at The University of Hong Kong in March 2004 This dissertation focuses on the independence of the PRC arbitral power. It analyzes to what extent the arbitration institutions and the arbitral tribunals enjoy independence under the PRC legal system. The dissertation also examines the division of arbitral powers among various parties, the arbitral tribunals, and the arbitration institutions under the PRC arbitration system. This dissertation deploys its arguments in three steps. In the first step a theoretical structure for the research framework is developed. In the second step an overview of the arbitration system in the PRC is given, and the institutional background of arbitral power and its recent development are discussed. In the third step an analysis is made of how power is shared between the arbitral tribunals and the arbitration commissions and their secretariat, and the relevant institutional relationships are considered. The dissertation considers how arbitral power in the PRC works both in theory and in practice. The theoretical discussion aims to draw out the notion of the basic issues regarding the arbitral power. Because most previous studies have been dominated by theoretical considerations, this dissertation emphasizes how the system works in practice, and makes comparisons with similar systems elsewhere. 1 On the basis of examining the law and practice regarding the arbitral power in the PRC from both a macro and micro perspective, compared with modern developed arbitration systems, this dissertation argued that the current arbitration system in the PRC with respect to the arbitral power is inappropriate. Firstly, the independence of the arbitral power under the PRC arbitration system is prone to interference because the arbitration commissions may not be completely free from the administrative interference; and more importantly, the arbitral tribunals may be dependent on and influenced by the arbitration commissions. Thus, much remains to be done in establishing the institutional arrangement for ensuring the independence of the arbitral power in the PRC. Secondly, the division of the arbitral power under the PRC arbitration system is inappropriate. The powers of the arbitral tribunal are insufficient while the powers of the arbitration institutions are broad. The insufficient power mechanism inhibits the function of the arbitral tribunals, impairs party autonomy and trends to frustrate the fundamental expectation of the parties in choosing arbitration. The dissertation argued that it is necessary to reform the arbitration legal system of the PRC, harmonizing it with international standards; meanwhile, persisting its valuable features. More importantly, because the root of the problems fundamentally lies in Chinese legal, social and economic system and the traditional culture, the PRC should structure a pro-arbitration environment to facilitate the conduct of arbitration by adopting especially the principle of party autonomy, the principle of independent arbitration, and the principle of "pro-enforcement bias" in order to facilitate the realization of the arbitral power. 2 DOI: 10.5353/th_b3178250 Subjects: Arbitration and award - ChinaWe have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Arbitral Power in the People's Republic of China: Reality and Reform. To get started finding Arbitral Power in the People's Republic of China: Reality and Reform, you are right to find our website which has a comprehensive collection of manuals listed.
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Description: This dissertation, "Arbitral Power in the People's Republic of China: Reality and Reform" by Wenying, Wang, 王文英, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract:Abstract of dissertation entitled "ARBITRAL POWER IN THE PEOPLE'S REPUBLIC OF CHINA: REALITY AND REFORM" Submitted by Wang Wenying For the degree of Doctor of Legal Science at The University of Hong Kong in March 2004 This dissertation focuses on the independence of the PRC arbitral power. It analyzes to what extent the arbitration institutions and the arbitral tribunals enjoy independence under the PRC legal system. The dissertation also examines the division of arbitral powers among various parties, the arbitral tribunals, and the arbitration institutions under the PRC arbitration system. This dissertation deploys its arguments in three steps. In the first step a theoretical structure for the research framework is developed. In the second step an overview of the arbitration system in the PRC is given, and the institutional background of arbitral power and its recent development are discussed. In the third step an analysis is made of how power is shared between the arbitral tribunals and the arbitration commissions and their secretariat, and the relevant institutional relationships are considered. The dissertation considers how arbitral power in the PRC works both in theory and in practice. The theoretical discussion aims to draw out the notion of the basic issues regarding the arbitral power. Because most previous studies have been dominated by theoretical considerations, this dissertation emphasizes how the system works in practice, and makes comparisons with similar systems elsewhere. 1 On the basis of examining the law and practice regarding the arbitral power in the PRC from both a macro and micro perspective, compared with modern developed arbitration systems, this dissertation argued that the current arbitration system in the PRC with respect to the arbitral power is inappropriate. Firstly, the independence of the arbitral power under the PRC arbitration system is prone to interference because the arbitration commissions may not be completely free from the administrative interference; and more importantly, the arbitral tribunals may be dependent on and influenced by the arbitration commissions. Thus, much remains to be done in establishing the institutional arrangement for ensuring the independence of the arbitral power in the PRC. Secondly, the division of the arbitral power under the PRC arbitration system is inappropriate. The powers of the arbitral tribunal are insufficient while the powers of the arbitration institutions are broad. The insufficient power mechanism inhibits the function of the arbitral tribunals, impairs party autonomy and trends to frustrate the fundamental expectation of the parties in choosing arbitration. The dissertation argued that it is necessary to reform the arbitration legal system of the PRC, harmonizing it with international standards; meanwhile, persisting its valuable features. More importantly, because the root of the problems fundamentally lies in Chinese legal, social and economic system and the traditional culture, the PRC should structure a pro-arbitration environment to facilitate the conduct of arbitration by adopting especially the principle of party autonomy, the principle of independent arbitration, and the principle of "pro-enforcement bias" in order to facilitate the realization of the arbitral power. 2 DOI: 10.5353/th_b3178250 Subjects: Arbitration and award - ChinaWe have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with Arbitral Power in the People's Republic of China: Reality and Reform. To get started finding Arbitral Power in the People's Republic of China: Reality and Reform, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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Arbitral Power in the People's Republic of China: Reality and Reform

Arbitral Power in the People's Republic of China: Reality and Reform

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