After the Hague Convention on Choice of Court Agreements: China’s role in the future world of international commercial dispute resolution

Zhu, Yujie (2020) After the Hague Convention on Choice of Court Agreements: China’s role in the future world of international commercial dispute resolution. LL.M(R) thesis, University of Glasgow.

Abstract

This dissertation will analyse the framework of international commercial dispute resolution in China after China signing the 2005 Hague Convention. Firstly, it will discuss the Hague Convention from a Chinese perspective and will explore potential conflicts between the Convention and Chinese law. Since China has not yet ratified the Hague Convention, the issues around the ratification of the Convention will also be discussed. Secondly, the dissertation will examine international commercial arbitration, which is an important and popular international commercial dispute resolution method in China. This part will not only discuss arbitration agreements, arbitration procedure and the effects of arbitration awards in China, but will also explore both the “international” and “Chinese” characteristics in arbitration law and practice. It attempts to answer the question of whether or not international commercial arbitration in China is a success. Thirdly, the dissertation will focus on the Chinese International Commercial Court (CICC) and will make a detailed examination of the essential elements of the CICC. It will assess its future role in international commercial dispute resolution. Then the dissertation will provide a number of recommendations based on Chinese legal reality and culture by analysing international commercial courts in other countries. Lastly, the dissertation will look into the future of international commercial dispute resolution in China. It is concluded that after the signature of the Hague Convention, some modification of Chinese legal framework should be made to apply the Convention. Although there has been a creation of numerous international commercial courts, including new China International Commercial Courts (CICC), it is still too early to tell whether CICC will become a genuine competitor of arbitration and a preferred venue of dispute resolution for parities in international commercial business.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Carruthers, Professor Janeen
• Date of Award: 2020
• Depositing User: Miss Yujie Zhu
• Unique ID: glathesis:2020-81700
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 07 Oct 2020 10:18
• Last Modified: 07 Oct 2020 10:18
• URI: https://theses.gla.ac.uk/id/eprint/81700