Towards a Theory of Arbitration: A Decentering Approach to Globalization

Arbitration has evolved from a domestic phenomenon to play an increasingly important role internationally in the context of commercial, trade and investment disputes. The proliferation of these ‘cosmopolitan institutions’ such as international arbitral tribunals pushes global legal scholars to find new definitions and methodologies to approach globalization, to move away from the exclusive standpoint of legal norms to the standpoint of the actors themselves and their legal practices. It may offer a ‘decentering’ approach to the study of globalization.

How precisely arbitration as a field should be conceptualized? Has arbitration become part of a transnational non-state regulatory regime — a new ‘lex mercatoria’ outside the political structures of national States? What is the origin of arbitration? What is the value of arbitration? What is the legitimacy of arbitration?

This workshop brings a group of distinguished scholars from different jurisdictions and disciplines to explore the various dimensions of arbitration from philosophical, historical, cultural and economic perspectives. It intends to provide a space for debate, engagement and exploration of ideas, breaking through conventional sub-disciplinary boundaries — legal history, comparative law, jurisprudence, legal anthropologists, law and economics and other areas of substantive interest.

Keynote Speaker: 

Prof. Gabrielle Kaufmann-Kohler, Professor of Law, University of Geneva; Director of the Geneva LLM in International Dispute Settlement

Panel Speakers:

• Prof. Bruno Deffains, Professor of Law and Economics, University Paris 2 Panthéon Assas
• Prof. Tony Cole, Senior Lecturer, Brunel Law School
• Prof. Kun Fan, Assistant Professor, Faculty of Law, The Chinese University of Hong Kong; Visiting Scholar, Harvard-Yenching Institute (2012-2013)
• Dr. Emmanuel Gillet, Teaching Fellow, School of Accounting and Finance, The Hong Kong Polytechnic University
• Prof. Joanna Jemielniak, Associate Professor, Faculty of Law, University of Copenhagen
• Dr. Haitian Lu, Associate Professor, School of Accounting and Finance, The Hong Kong Polytechnic University
• Prof. Billy Kee-long So, Head and Chair Professor, Division of Humanities, The Hong Kong University of Science and Technology; Visiting Scholar, Harvard-Yenching Institute (1996-1997)
• Prof. Yasuhei Taniguchi, Professor Emeritus of Kyoto University; Visiting Scholar, Harvard-Yenching Institute (1970-1971)
• Prof. Xingzhong Yu, Anthony W. and Lulu C. Wang Professor in Chinese Law, Cornell Law School

Discussants/Moderators:

• Dr. Shahla Ali, Assistant Professor, Faculty of Law, The University of Hong Kong
• Prof. Martin Doris, Assistant Professor, Faculty of Law, The Chinese University of Hong Kong
• Prof. Hualing Fu, Professor, Faculty of Law, The University of Hong Kong
• Prof. Christopher Gane, Dean, Faculty of Law, The Chinese University of Hong Kong
• Ms. Xiaowen Hao, MPhil student, The Hong Kong University of Science and Technology
• Dr. Masao Imamura, Research Fellow, Centre for Southeast Asia Studies, Kyoto University; Visiting Fellow, Harvard-Yenching Institute (2012-2013)
• Prof. Bryan Mercurio, Professor of Law, Faculty of Law, CUHK
• Mr. Richard Morris, Professional Consultant, Faculty of Law, The Chinese University of Hong Kong
• Prof. Peter Rhodes, Professional Consultant, Faculty of Law, The Chinese University of Hong Kong
• Prof. Yu Wang, Assistant Professor, Department of Government and Public Administration, The Chinese University of Hong Kong
• Dr. Romesh Weeramantry, Foreign Legal Consultant, Clifford Chance