Salient Features of International Commercial Arbitration in East Asia: A Comparative Study of China and Japan

Summary

This article compares international commercial arbitration in China and Japan in order to identify features of arbitration practice in East Asia. It starts from the observation that, despite international harmonisation of arbitration law, legal systems remain embedded in their social and cultural settings. After surveying recent regional trends, it traces how each country's arbitration framework and dispute-resolution habits developed historically, then compares the two jurisdictions' legislation, their courts' attitudes towards arbitration and the conduct of arbitral proceedings in practice. It draws out what the two systems share and where they differ, offers cultural explanations for these patterns of convergence and divergence, and closes with reflections on the likely direction of arbitration in the region.