Mainland China And Hong Kong's Arbitration System Is A Comparative Study

After the reversion of sovereignty of Hong Kong from the United Kingdom to China, the economic communication between Hong Kong and Mainland China has become increasingly frequent, so as the economic and trade disputes. Due to the characteristics of privacy, flexibility, efficiency as well as the parties' autonomy, arbitration has become the choice of more and more commercial man to settle the economic and trade disputes, including those arising from the trade between Hong Kong and Mainland China.Before the 1997-handover, due to historical reasons, the legal system of Hong Kong followed that of United Kingdom, which belongs to common law system. However, the legal system of Mainland China, to some extent, adopts the theories and practice of civil law system.After the 1997- handover, under the principle of "one country, two systems", Hong Kong exercises a high degree of autonomy and enjoys independent judicial power, including that of final adjudication, which ensures that the legal customs and common law system remain unchanged to a great extent in Kong Hong. Therefore, there are many differences in the arbitration system between Mainland China and Hong Kong.Through introducing the arbitration system of Mainland China and Hong Kong respectively from following aspects-concept of arbitration, legal sources of arbitration, organizations of arbitration, arbitration agreement, arbitration procedure, arbitration award, the recognition and enforcement of arbitral awards etc., this thesis analyzes the differences of arbitration system of Mainland China and Hong Kong and their advantages as well as disadvantages. Then the cooperation in the arbitration fields between Mainland China and Hong Kong are researched, and at last some proposals are raised for the development and improvement of arbitration system of China.Nine chapters are contained in this thesis, including—Chapter 1—Concept of arbitration, which contains the concept and characteristics of arbitration, the history and development of arbitration both in Mainland China and Hong Kong.