Beyond the “Harmonious Confucian”: International Commercial Arbitration and the Impact of Chinese Cultural Values

2016 ◽  
pp. 519-542
Author(s):  
Joshua Karton
Keyword(s):  
Cultural Values ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Chinese Cultural Values ◽  
The Impact

The impact of culture on Chinese employees' work values

2007 ◽  
Vol 36 (1) ◽  
pp. 128-144 ◽  
Author(s):  
Bih‐Shiaw Jaw ◽  
Ya‐Hui Ling ◽  
Christina Yu‐Ping Wang ◽  
Wen‐Ching Chang
Keyword(s):  
Cultural Values ◽  
Work Values ◽  
Future Research ◽  
Chinese Sample ◽  
Content Type ◽  
Chinese Values ◽  
Cultural Exposure ◽  
Starting Point ◽  
Chinese Cultural Values ◽  
The Impact

PurposeThe purpose of this article is to investigate the detailed relationships between Chinese cultural values (Confucian dynamism, individualism, masculinity, and power distance) and work values (self‐enhancement, contribution to society, rewards and stability, openness to change, and power and status) in an integrated model. Further attempts are also made to explain the above relationship in terms of different cultural exposure experiences.Design/methodology/approachThe sample was collected from China (selected from after‐work classes for Chinese businessmen in China) and Australia (overseas Chinese living or working in Sydney) by questionnaires. Altogether, 185 respondents took part in the study. SEM was used to test the relationship between Chinese cultural values and work values, and difference analysis was employed to test the impact of respondents' Western cultural exposure experiences.FindingsInteresting results are found concerning Chinese employees' cross‐cultural work values. The study not only confirms the impact of cultural values on work values, but also brings some new thoughts on Hoftstede's belief that instead of high masculinity and individualism, Confucian dynamism is the main cultural value to foster self‐enhancement and most work value of Chinese employees.Research limitations/implicationsBecause China is a complex country, the limited Chinese sample should not be taken as representative. The current study did not differentiate respondents' demographic differences. Hence some demographic variables may have produced some of the intergroup differences reported in this study.Practical implicationsThe findings provide useful input for managers who are seeking to develop effective working relationships with Chinese counterparts.Originality/valueThis paper enriches existing Chinese values studies and serves as a starting point for future research concerning the detailed relationship between Chinese cultural values and work values.

The Impact of (Mis)communication on International Commercial Arbitration

2020 ◽  
Author(s):  
Carolina Arlota
Keyword(s):  
International Business ◽  
Empirical Studies ◽  
Hague Convention ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Legal Traditions ◽  
Recognition And Enforcement ◽  
Different Cultures ◽  
The Impact ◽  
Principal Method

International commercial arbitration is often considered the principal method for solving disputes between international business parties mainly because of its final and binding nature. International commercial arbitration is a valued alternative to litigation in foreign courts, while also avoiding simultaneous legal claims in different jurisdictions around the globe. In this context, effective communication among private parties, which is defined as steering clear of potential miscommunications among them in international business transactions, is essential for the negotiation of successful arbitration agreements and efficient international arbitral proceedings. Complexities concerning the communication among parties located in different countries—with different cultures and distinct legal traditions—abound. Such complexities are informative of the main stages of international commercial arbitration, namely, before reaching the negotiation table, during the writing of the arbitration agreement, and after a legal dispute arises. This topic has not been subject to comprehensive analysis, despite its significant impact on the parties’ business needs and related optimization of their interests. In addition, trending relevant issues in the field include the recently signed Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, the increasing judicialization of international arbitration proceedings, the increasing use of artificial intelligence and empirical studies in international commercial arbitration.

scholarly journals The Impact of Cultural Values on Chinese Students in American Higher Education:

2016 ◽  
Author(s):  
Min Wang
Keyword(s):  
Higher Education ◽  
Cultural Values ◽  
Filial Piety ◽  
Culture Shock ◽  
Chinese Students ◽  
Negative Influence ◽  
Dropping Out ◽  
American Higher Education ◽  
Chinese Cultural Values ◽  
The Impact

Chinese students who pursue their higher education in America benefit from the high quality of education in this country, which includes a richness and diversity of subjects, facility of research resources, and high academic standards. At the same time, they are under pressure, which results from culture shock and includes fear of failing, the language barrier, lack of class participation, homesickness, and isolation from their host culture, resulting in mental problems such as depression, frustration, and students dropping out. This study reveals the negative influence of Chinese cultural values on these students in American higher education by making use of interviews, participant observations, and document analysis, which evidence Chinese students’ dependence on their family, the Confucian middle way, the concept of “mianzi,” and filial piety. These findings can help international administrators better understand how to assess and resolve the problems that Chinese students face, thereby minimizing cultural clash and the difficulties of acclimating to a new environment. By addressing these problems, American universities will be better able to accommodate the incoming multi-cultural students, the majority of whom are Chinese, and bridge the gap that separates them from their American counterparts in order to enhance the learning environment for all students.

scholarly journals The Meaning of Soft Law in International Commercial Arbitration

2016 ◽  
Vol 16 (1) ◽  
pp. 97-109
Author(s):  
Miluše Hrnčiříková
Keyword(s):  
Due Process ◽  
Fair Trial ◽  
Soft Law ◽  
Discretionary Power ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Arbitral Proceedings ◽  
The Right ◽  
The Impact ◽  
Discretionary Powers

Summary The growth in the amount of international arbitrations, the value of the disputes and expenses invested into the arbitral proceedings have escalated the pressure to succeed in dispute. The arbitrators face to guerrilla tactics or threats of annulment of arbitral awards based on the violation of a right to a due process. Soft law regulating the arbitral procedure endowers the effectives of the arbitration, however, in the recent years the critical voices can be heart which warn against overregulation and its judicialization. On the following pages the impact of the soft rules prescribing the arbitral proceeding on the effectiveness of the international commercial arbitration is examined. Firstly the author deals with the right to a fair trial and the discretionary power of arbitrators in the framework of the notion of soft law and then the binding character of this soft law is determined. The aim of this article is to answer the question whether the regulation of the arbitral proceedings by soft law is still welcomed or if it represents a threat for the discretionary powers of the arbitrator and arbitration as such.

scholarly journals The Influence of the Law of the Country of the Place of Enforcement of the Arbitral Award on the Settlement of Disputes in the International Commercial Arbitration

2020 ◽  
pp. 86-97
Author(s):  
Volodymyr NAHNYBIDA
Keyword(s):  
Public Policy ◽  
New York ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Arbitral Award ◽  
Opposing Party ◽  
Recognition And Enforcement ◽  
The Law ◽  
New York Convention ◽  
The Impact

The article examines the key aspects of the impact of the law of the place of enforcement of the arbitral award on arbitration and directly on the recognition and enforcement of arbitral awards, given the study of doctrinal positions, regulations and relevant case law. It was found out that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 refers to the procedural rules of the country of enforcement to settle matters inherent to the recognition and enforcement of foreign arbitral awards not governed by the Convention, establishing only basic and fairly simple formal requirements for the said procedure, which is one of the strong characteristics of the conventional regime of recognition and enforcement of arbitral awards. In light of this, it is concluded that such an approach is moderate and takes into account the impossibility and lack of practical necessity of unification at the international treaty level of procedural features of recognition and enforcement of arbitral awards, establishing only basic principles and requirements. It is substantiated that there are two components of the law of the place of enforcement of the arbitral award, which regulate the recognition and enforcement of arbitral awards within the relevant jurisdiction, namely substantive and procedural, which, however, are contained in single legal acts — mostly national arbitration laws. The author emphasizes the crucial role of the law of the place of enforcement of the arbitral award in the material and procedural aspects for the procedure of recognition and enforcement of arbitral awards within the relevant jurisdiction. It is concluded that the unification of material grounds for refusal of recognition and enforcement (in particular, non-arbitrability of the subject matter of the dispute and contradiction of the award to public policy as grounds that can be raised by the competent judicial authority at the place of enforcement ex officio, regardless of reference to them by opposing party), as well as the consolidation of basic procedural requirements and principles is carried out by the New York Convention of 1958, which leaves to the discretion of the national legislature, on the one hand, the settlement of minor aspects of the procedure, but, on the other hand, recognizes its full discretion in determining the limits of objective arbitrability, the content and specific filling of the category of international public policy applicable in the relevant jurisdiction. Keywords: arbitral award, international commercial arbitration, applicable law, arbitration process, public policy.

Between rags and riches: rethinking security for costs in international commercial arbitration

2021 ◽  
Vol 37 (4) ◽  
pp. 851-862
Author(s):  
Simon P Camilleri
Keyword(s):  
Traditional Approach ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Financial Position ◽  
The Impact

Abstract This article assesses the traditional approach adopted to making an order of security for costs in international arbitration, which focuses almost exclusively on the financial standing of the claimant. The article argues that this approach is inappropriate, and has the potential to undermine the purpose of the remedy itself; namely, to protect a respondent who has been dragged into an arbitration against his will, and may subsequently struggle to enforce a costs award against the claimant if he is successful in due course. The author therefore argues that the financial position of the respondent—and the impact of the proceedings on that respondent—should be hardwired into the assessment undertaken by arbitral tribunals when considering whether to order the claimant to provide security for the respondent’s costs.

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