Analysing Arbitration Laws across Legal Systems

In this paper, the national Indian and Chinese statutes on arbitration are compared with the UNCITRAL Model Law. After a presentation of the GILD-MMC project, focus is especially on textual aspects indicating attitudes towards the relation between the administrative powers and the parties in commerc...

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Bibliographic Details
Main Authors: Vijay K. Bhatia, Christopher N. Candlin
Format: Article
Language:deu
Published: Aarhus University 2004-03-01
Series:Hermes
Online Access:https://tidsskrift.dk/her/article/view/25755
Description
Summary:In this paper, the national Indian and Chinese statutes on arbitration are compared with the UNCITRAL Model Law. After a presentation of the GILD-MMC project, focus is especially on textual aspects indicating attitudes towards the relation between the administrative powers and the parties in commercial arbitration. Thus, looking at the features all-inclusiveness, information load, information spread, legislative style and transparency signifi cant differences are found and related to the different com municative purposes (overall model vs. specifi c national rules), the different legal traditions (common law vs. civil law) and the different political systems (westernised market economy vs. socialist market economy).
ISSN:0904-1699
1903-1785