Arbitration: a very short introduction
By Thomas Schultz, Thomas Grand
Introduction by Librarian
We always hear that Hong Kong serves as an International Arbitration Centre with her advantages as the doorstep to the Mainland and her geographic location in East Asia. As an ordinary citizen, how can we resolve our disputes through arbitration instead of litigation?
Unavoidably, disputes happen with human activities in daily lives, which involve various parties and diverse types. Through reading the cases compiled by the author, we learn that arbitration involves not only individual-to-individual, state-to-state will also adopt arbitration to resolve disputes, including some sovereignty-related issues.
This thin and easy-carried book brings new insights to me. For example, it mentions that in some regions where legal systems are not that well-established, parties intend to adopt arbitration and go into a private and binding contract or agreement to resolve disputes with an aim to shorten duration of proceedings and to protect their interests without the involvement of their national legal system. In our local context, it is believed that litigation is a traditional and reasonable way to resolve disputes against parties; and it is just and fair for the judges to make final judgment towards the lawsuits. However, the results of litigation mostly benefit only the winning party, and there is seldom a win-win situation. Fortunately, with the promotion of arbitration in decades, parties can opt for a mutually agreed contract in resolving their disputes and hence assist in maintaining a good relationship for future cooperation and progress.
Although this book is not written for the arbitration practices in Hong Kong, it provides rich information about arbitration in a simple way with global visions. If you are going to get started on your journey towards arbitration, this book may well serve the purpose.