Chinese Law and Development Networks, Institutions, and Practices Presented by: Matthew S. Erie, J.D., Ph.D. (Associate Professor, University of Oxford) Date: February 15, 2022 What Are These Networks? - Face-to-face meetings: conferences, seminars, symposia, trainings - Initiated by China, but sustained by its partners - Elite gatherings - Memorialized by agreements, MOUs What Do The Networks Do? All expenses paid junkets or "transnational judicial dialogue" (Cai and Wang 2022)?  Technical/Practical 1. Target specific issues 2. Broaden knowledge of Chinese law / expose Chinese lawyers to foreign law 3. Facilitate mutual recognition and enforcement of foreign judgments and awards 4. Help with judicial assistance (service of process) 5. Help solve problems 6. Help with referrals 7. Disseminate information about legal developments ("smart courts")  Communicative/Symbolic 1. "Tell the story of China's rule of law" 2. Xi Jinping Thought on Rule of Law What Effects Do They Have? 1. Mixed reactions a. Helpful to understand Chinese law, but vague b. Lessons learned (efficiency of Chinese justice system) 2. Lay foundations for collaborative/cross-jurisdictional institutions? ICA in PRC - Argument for: 1. Speed 2. Low cost 3. Efficiency - Argument against: 1. Structural inequity (status of arbitration commissions) 2. Outdated 1994 Arbitration Law - Takeaway: Chinese arbitration is sub-optimal model CAJAC African 1. AFSA 2. NCIA 3. OHADA Chinese 1. SHIAC 2. SCIA 3. BIAC From Network To Institution - How to harmonize PRC arbitration regime with South African one? - Founding Statement and Rules for the Conduct of Arbitration (2015) - Built out network - 2020 Uniform Rules From Institution To Practices Art. 3 of 2020 Uniform Rules: These Rules are the standard Rules applied by all CAJAC Centers in arbitration matters. Each Centre will have its own Local Rules to supplement the Standard Rules and the Local Rules may deal with matters specified to be dealt with in this way in the Standard Rules, matters dealt with in the Standard Rules in a way contrary to mandatory rules of law applicable to arbitrations administered by that Centre or matters not dealt with in the Standard Rules... Provocations  Can we say China has something like "law power"? (safeguarding of country's commercial and geo-strategic interests through law)  Might law power be not just instrumental (Weber) but also illusory (Baudrillard) (see Erie 2012 on "legal surrealism")?  Not via legal transplants or building extraterritorial courts (coercion, hard power), but done through technocratic rule- making of ICA  Still early days, but for now networks and collaborations w/elite counterparties sustain econ dependencies