Arbitration in Comparative Perspective

Abstract

This article explores arbitration from a comparative perspective. It compares and contrasts jurisdictions in the East and West, as well as those of a common law and civil law legal system. This article argues that three driving forces contribute to the differences on various issues of arbitration, such as the conceptualization of arbitration as a form of ADR, procedure of arbitral tribunals, and med-arb. The three forces refer to the cultural differences between the West and the East; the differences in the practice embedded in common law and civil law legal systems; and the traditions within the dispute resolution system.