European Business Law Review

Volume 27 (2016)

Volume 27 (2016) / Issue 4

Kun Fan, Joanna Jemielniak, 'Ethnographic Methods in the Study of Hybrid Processes in Arbitration: the Chinese and Western Perspectives' (2016) 27 European Business Law Review, Issue 4, pp. 555–585

Abstract

The paper seeks to explore what tools can help in capturing regional particularities in the hybrid proceedings (a departure from the strictly adversarial model, opposing the well-established trend of judicialization of arbitration), as well as the scope and character of this trend in the context of theory of growing autonomization of international commercial arbitration as a ‘transnational legal order’. The authors argue that unfolding all the aspects of the observable, growing interest in hybrid proceedings calls for a systematic, ethnographic study. The ethnographic approach combined with a research perspective of discourse theory would allow for an in-depth study and interpretation of the regional differences in use of hybrid processes.

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ISSN: 0959-6941
ID: EULR2016025