Chinese Courts: More of a Gamble than Arbitration?
Article from: TDM 4 (2006), in Resolving International Business Disputes by ADR in Asia
Introduction
Is the Chinese courtroom a viable choice in dispute resolution? Many interested parties, including the United States Department of Commerce,[1] major international law firms,[2] and the Chinese culture itself,[3] prefer other methods of resolution.[4] Thus, major corporations doing business in the People's Republic of China ("PRC" or "China") commonly use an arbitration clause in contractual obligations.[5] The prevalence of these clauses has in fact created an "international arbitration culture."[6] The time, however, has come for corporations and their lawyers to reconsider ...