Foreign-related commercial disputes resolution in China after WTO
University of British Columbia
Master of Laws - LLM
This thesis will discuss the WTO's DSU system and examines the influence of the WTO's transparency principle and ruled-based dispute settlement system on future dispute resolution within China. Due to the risk of commercial disputes, foreign business people are anxious that they be resolved swiftly and efficiently. There are two general options when it comes to dispute settlement: resolving them "within China" or "outside of China". The three ways to resolve a commercial dispute "within China" are negotiation (or mediation), arbitration and litigation. The major reforms of the dispute resolution system brought about by the WTO accession are the application of WTO principles in "within China" resolution methods and the creation of an "outside of China" resolution method, the WTO dispute-resolution mechanism. The terms and conditions of WTO agreement reflect the demands of legal globalization. However, globalization of law is a common challenge. It should be channeled or managed cooperatively by all countries. What China hopes to achieve through the WTO accession is to develop a justice and flexible dispute resolution system in an increasingly interconnected world, and China can only do this with the co-operation and support of the global community, governments and companies.
Law, Peter A. Allard School of