Cultural issues in international arbitration

Abstract

The theme of cultural convergence and divergence in international arbitration practice is both broad and deep. It is played out daily in multiple arbitral locations, at the crossroads of different legal systems, party and counsel behavior, arbitrator predisposition, and local customs. Examining both the convergence and divergence of approaches to arbitration in diverse settings provides an avenue to understanding the impact of globalization on the international practice of law.

This chapter introduces us to this vast subject matter, taking a higher view while at the same time touching briefly on cultural differences in arbitration practice between mainland China and Hong Kong where the author is located. The author goes one step beyond strict arbitration to explore the cultural aspects of using mediation in combination with arbitration, analyzing with surveys how this approach has been received worldwide.