NCJ Number
125357
Journal
Loyola of Los Angeles International and Comparative Law Journal Volume: 11 Issue: 2 Dated: (1989) Pages: 311-343
Date Published
1989
Length
32 pages
Annotation
The absence of organized information on Chinese maritime and commercial litigation motivates this article to outline the structure of China's treatment of this type of dispute. The Chinese courts are described in detail and distinctions are made between United States' courts and those of China.
Abstract
Comparisons are made based upon China's centralist system as opposed to the federal system in the U.S. Differences are also noted between each countries' procedures for obtaining jurisdiction, types and power of judges, bar size, role of the lawyer, differences in pleading, discovery, the jury system, and other aspects of the trial process. Arbitration as a method of dispute resolution is explored as it is applied in China. Different governmental bodies that are responsible for arbitration are reviewed. Maritime courts are also discussed and examples of cases handled by such courts are outlined. It is asserted that litigation is on the rise in China, especially in the maritime setting and that the current state of arbitration is becoming inadequate to handle the increased caseload of foreign interest and maritime disputes. 233 footnotes.