Title

The Arbitral Chain: Linking the Arbitral Past with China's Arbitral Present

Date of Award

2-2007

Degree Type

Dissertation

Degree Name

Doctor of Law (SJD)

Department

Law

First Advisor

Professor Sompong S. Sucharitkul

Second Advisor

Professor S. Clavier

Third Advisor

Professor Jon H. Sylvester

Abstract

Seasoned businesspeople, especially those engaged in international business, are keenly aware of the fact that no matter how pleasant their pre-arrangement business courtship has been post-arrangement disputes may occur. While some disputes may be settled amicably, other resolutions leave the parties unsatisfied due to prolonged and costly litigation. Dr. Arthur J. Gemmell asserts that an understanding of the international arbitral system will enrich and sustain business while serving as a viable avenue for commercial dispute resolution. To explore the arbitral system, Dr. Gemmell uses the Chinese and Western arbitral systems, past and present, in order to understand what can be accomplished from their examples and errors. The term 'arbitral chain' refers to the linkage of one arbitral era to another. It is as essential term in the understanding of how successive eras built or modified the standards of arbitration on what had worked in the past.

Comments

Published as Western and Chinese Arbitration: The Arbitral Chain (University Press of America, 2008). Available for purchase here: https://rowman.com/ISBN/9780761840060

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