This article by Peter Murray and Lin Jiang examines the legal system in China and how on the one hand it is seen as biased in favour of local parties and on the other hand it is seen as no more than a tool of the state. Recent cases in the maritime courts in China may give some support to the first view. The article reviews how those cases have arisen and explore the reasons why they have come about. However very recent developments suggest that the court system self-regulates to prevent this occurrence. Whether that is effective is examined. A comparison with London arbitration is discussed and how this might fit in with the Chinese legal regime is assessed.
The article is published in Vol 39 of the Tulane Maritime Law Journal of 2014.
PRC Shipbuilding Disputes in London Arbitration: The Threat of Parallel Proceedings in China and the Consequences and Possible Alternatives
This article by Peter Murray and Lin Jiang examines the legal system in China and how on the one hand it is seen as biased in favour of local parties and on the other hand it is seen as no more than a tool of the state. Recent cases in the maritime courts in China may give some support to the first view. The article reviews how those cases have arisen and explore the reasons why they have come about. However very recent developments suggest that the court system self-regulates to prevent this occurrence. Whether that is effective is examined. A comparison with London arbitration is discussed and how this might fit in with the Chinese legal regime is assessed.
The article is published in Vol 39 of the Tulane Maritime Law Journal of 2014.
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