One Country, Two Systems: Hong Kong's Unique Status and the Development and Growth of Arbitration in China

Authors

Jiali (Keli) Huang, Benjamin N. Cardozo School of Law

Abstract

This Note evaluates the future of arbitration in China and Hong Kong as the two approach their twentieth year working toward reunification under the implications of the "one country, two systems" model, which was implemented in Hong Kong when Hong Kong's sovereignty was transferred back to China in 1997. First, this Note explains Hong Kong's unique identity, the factors that triggered the Umbrella Movement and the Fishball Revolution, and Hong Kong's current relationship with China. Second, this Note provides a broad overview of the development of arbitration in China. Third, this Note describes the arbitral history between China and Hong Kong, in particular the development after the 1997 handover. Fourth, this Note examines CIETAC's development, analyzes some of the key features of CIETAC's 2015 Rules, and proposes additional improvements to the current CIETAC rules. In addition, this Note discusses the implications of the white paper issued by the Chinese government in June 2014. Lastly, this Note argues for an extension of the "one country, two systems" principle to ensure investors' confidence in the economies of Hong Kong and China, and the use of referendums to mitigate tensions between Hong Kong citizens and the Chinese governments.

Disciplines

Commercial Law | Comparative and Foreign Law | Dispute Resolution and Arbitration | International Law | International Trade Law | Law | Legal History

Recommended Citation

Jiali (Keli) Huang, One Country, Two Systems: Hong Kong's Unique Status and the Development and Growth of Arbitration in China, 18 Cardozo J. Conflict Resol. 423 (2017).
Available at: https://larc.cardozo.yu.edu/cjcr/vol18/iss2/7