Joanna Jemielniak publishes in European Business Law Review – University of Copenhagen

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15 September 2016

Joanna Jemielniak publishes in European Business Law Review

Joanna Jemielniak publishes the article Ethnographic Methods in the Study of Hybrid Processes in Arbitration: the Chinese and Western Perspectives, co-authored with Kun Fan (Chinese University of Hong Kong), in the European Business Law Review, Vol. 27(4) 2016, pp. 555–585

The article examines hybrid processes (combining arbitration and mediation) and their growing global popularity. Arb-med and med-arb are strongly embedded in the Chinese culture of dispute resolution, but recently they have also enjoyed much interest in the European and US venues. The article seeks to explore what tools can help in capturing the, already empirically proven, regional particularities in the approaches to and conduct of hybrid proceedings. It also discusses 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 aspects of the observable interest in hybrid proceedings calls for a systematic, ethnographic study.

The article is available here