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LAW Dispute Resolution in China

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LAW 446

Dispute Resolution in China

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[ Academia ] [ Litigation ] [ Regulatory & Policy ] Litigation/ADR: General

Why it is relevant for ...

[ Academia ] [ Litigation ] [ Regulatory & Policy ] as a Related Elective for those interested in ADR : Students interested in ADR procedures, whether or not they expect to handle disputes related to Chinese nationals or Chinese law, may find this course of interest. It explores China’s institutions for dispute resolution: mediation/conciliation, arbitration, administrative litigation, and litigation in the People's Courts.

General course Description:

This course covers the major features of contemporary dispute resolution in China. Chinese dispute resolution is widely recognized as distinctive and provides an indispensable gateway to a deeper understanding of China's legal and governance traditions. A major theme of this course is identifying and explicating the cultural, political and administrative influences impacting modern Chinese dispute settlement. The course surveys China's principal institutions for dispute resolution: mediation/conciliation, arbitration and litigation in the People's Courts. Another major theme of this course is to expose students to the rules, process, issues and controversies currently surrounding these Chinese institutions as well as China's efforts at harmonization with international practices. Chinese commercial arbitration, before the China International Economic and Trade Commission (CIETAC) and local arbitration commissions (LACs), will feature prominently. Foreign-related litigation in the People's Courts are also covered, including issues of judicial independence, recent judicial reforms, court organization, trial and appellate procedures, and enforcement of judgments and arbitral awards. Administrative litigation, the means by which decisions of China's pervasive bureaucracy may be challenged, will also be examined. Classes will be discussion-oriented and will likely include occasional guest speakers, such as CIETAC arbitrators and lawyers active in China-related arbitration and litigation. No prior courses or knowledge about Chinese legal institutions is expected or required.

Course Style: A Substantive course teaches the law, theory, and policy in a particular area of law

Course Frequency: Varied, check w/ registrar

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