Dispute Resolution Mechanisms in China (Shanghai) Pilot Free Trade Zone: New Wine in Old Bottles?
Tuesday, April 8
12:15 pm | Room 4045
Duke Law School
Duke Law alum Jie Huang (S.J.D. '10), will give a workshop presenting a paper titled "Dispute Resolution Mechanisms in China (Shanghai) Pilot Free Trade Zone: New Wine in Old Bottles?" The workshop is sponsored by the Center for International and Comparative Law. Lunch will be served.
For more information, please contact Ali Prince.
Dispute resolution mechanisms play a very important role in establishing an international and legal environment for business transactions in the China (Shanghai) Free Trade Zone. A court, an arbitration commission, a mediation commission and a procuratorate have been established in the Zone. This is the first step to guarantee rule of law in the Zone. However, currently there is no significant difference between the dispute resolution institutions inside and outside the Zone. In order to facilitate the development of the Zone, three measures should be taken to strengthen the dispute resolutions mechanisms in the Zone. First, the applicable law in adjudication is the key difference between dispute resolution inside and outside of the Zone. This difference will appear with the publication of more regulations in financial, investment, and trade matters. Second, the jurisdiction of the court in the Zone should be clarified. The court should have jurisdiction upon all cases involving Free-Trade-Zone laws. Third, diversified dispute resolution services should be a distinguished feature in the Zone. For example, mediation by professional associations and investment arbitration should be available in the Zone.
Jie Huang is Associate Professor of Law and Associate Dean at Shanghai University of International Business and Economics (SUIBE) School of Law and Director of China Association of Private International Law (since 2011). Professor Huang obtained her Doctor of Juridical Science (S.J.D.) degree from Duke University School of Law in 2010. She specializes in Private International Law and International Business Law. Before joining the SUIBE, she worked as a Foreign Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg Germany, and she also has research experience at the Hague Academy of International Law, the Hague the Netherlands and the Academy of International Arbitration Law, Paris France. Her publications appear in prominent law journals both in Chinese and in English. She is also an activist for underwater cultural heritage protection.