The role of the court in arbitration: a comparative study of the Chinese law and the laws of the UK.
PhD thesis, University of Glasgow.
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This thesis compares Chinese law with sophisticated modern models in the form of the Arbitration Act 1996 in England, and the UNCITRAL Model Law on International Commercial Arbitration, which has been adopted in Scotland. Comparison of the role of the court under these three systems shows that Chinese law fails to offer proper support and supervision in certain areas, while unduly restricting the arbitral autonomy in others. The Arbitration Act 1996 and the UNCITRAL Model Law are excellent models pointing up the directions in which Chinese arbitration law might be reformed. The thesis suggests a number of reforms which might achieve an appropriate balance between the autonomy of the arbitral process and the legitimate interests of the Chinese legal system, allowing China to become a modern, attractive arbitral forum, to the benefit of its developing trade relations.
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