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Curiae the Journal of the Society for Advanced Legal Studies Amicus Curiae The Journal of the Society for Advanced Legal Studies Inside ... Introduction Read more on pag e 145 Articles Read more on pag e 151 Review Article Read more on pag e 237 Notes Read more on pag e 244 Read more on pag e 145 Book Review Read more on pag e 290 News and Events Read more on pag e 294 Contributors’ Profiles Read more on pag e 299 Visual Law Read more on pag e 303 Series 2, Vol 2, No 2 144 Amicus Curiae CONTENTS Editor’s Introduction Book Review Michael Palmer . 145 Nadja Alexander and Shouyu Chong Articles (2019) The Singapore Convention on Mediation—A Commentary Mediation: Alternative? Or a First Choice for Resolving Disputes Ling Zhou . 290 Lesley A Allport . 151 News and Events Old Wines in New Bottles? Private Building Transformation Project Securities Litigation in China’s New Update . 294 Securities Law ILPC Annual Lecture and Annual Ding Chen . 169 Conference . 294 Proving Chinese Law in the Courts Legislative Drafting Course . 296 of the United States: Surveying and Selected Upcoming IALS Events Critiquing the Article 277 Cases . 296 Richard K Wagner . 188 How to get a PhD in Law . 298 Online Dispute Resolution Podcasts . 298 Simulation: Shaping the Curriculum Contributors’ Profiles . 299 for Digital Lawyering Visual Law Faye F Wang . 216 Three Courts in Shenzhen, China Review Article Ling Zhou . 303 Elizabeth Fisher, Jeff King and Alison L Young eds—The Foundations and Future of Public Law: Essays in Honour of Paul Craig Amicus Curiae Contacts Patrick J Birkinshaw . .. 237 Editor: Professor Michael Palmer, Notes SOAS and IALS, University of Human Rights, China and the UN: London A UPR Mid-term Assessment Production Editor: Marie Selwood Matthieu Burnay & Eva Pils Email address for all enquiries: . 244 [email protected] From PhD Thesis to Monograph: A Reflective Account of the Process By post: Eliza Boudier Lisamarie Deblasio . 255 Amicus Curiae, Charles Clore House, Miscarriages of Justice and the 17 Russell Square, London WC1B Construction of Criminality in the 5DR People’s Republic of China If you would like to contribute an Yu Mou . 261 Article or short Note to a future Medical Negligence Dispute issue, please visit the Amicus Curiae Resolution in China: Social Stability webpages to view the Style Guide and Preventative Measures and submission information. Cedric Tang . 268 Series 2, Vol 2, No 2 Introduction 145 EDITOR’S INTRODUCTION MICHAEL PALMER IALS and SOAS, University of London n this issue, contributions of social norms in the mediation Iby Lesley Allport, Chen Ding, process and the ways in which Richard Wagner, Cedric Tang, collective as well as individual and Zhou Ling examine various interests could be taken into issues in dispute resolution. account by mediation—have Patrick Birkinshaw offers an tended to be overlooked. Mediation extended appreciation of the work practice today should consider of Professor Paul Craig in the field these important features and of administrative law and justice. see mediation as a process of Analysis of legal and human rights much broader significance than developments in mainland China achieving settlement in disputes are provided in contributions by between parties, offering as it Mou Yu, and by Mattias Burney and does the possibility of generating Eva Pils. Issues in legal education and refurbishing social norms and are examined in contributions by consideration of a wide range of Faye Wang and Lisamarie Deblasio. interests. In addition, if mediation Finally, Zhou Ling reviews work is seen as the first choice of on the Singapore Convention and process in responding to conflicts makes a Visual Law contribution, and potential conflicts, it has the looking at specialized courts in considerable potential to serve Shenzhen, southern China. not just as an educative process Leslie A Allport’s paper, titled for disputing parties but also as ‘Mediation: Alternative? Or a First an important means for preventing Choice for Resolving Disputes’, disputes. reminds us that in the emergence Chen Ding’s contribution, and development of ADR from entitled ‘Old Wines in New Bottles? the 1970s onwards an important Private Securities Litigation in setting in which the use of China’s New Securities Law’, mediation was initially emphasized examines problems that arise from was community dispute resolution. the fact that the securities industry In the subsequent growth and in the People’s Republic of China institutionalization of ADR (PRC) has long been weak in terms processes, the need to understand of remedies for aggrieved investors, the lessons from the community especially remedies available to mediation experience—the place the small investor involved in a Winter 2021 146 Amicus Curiae securities dispute and seeking of more meaningful judicial justice through litigation. Typically, independence. in a Chinese securities dispute, Richard Wagner’s contributed the number of aggrieved investors essay, ‘Proving Chinese Law in is large, but the value of each of the Courts of the United States: their claims is small. The Chinese Surveying and Critiquing the Article stock market is dominated by retail 277 Cases’ examines treatment investors and their reluctance in the US courts of cross-border to engage in litigation results in disputes involving PRC parties and very low levels of litigation. This issues of PRC law and business reflectance, the essay argues, culture. The contribution considers cannot be satisfactorily explained the process of proving PRC law in terms of procedural complexities, in US courts and explores some costs of litigation or limited access of the difficulties involved in this to class-type actions. Rather, it is process. These include the absence to be explained by a lack of investor of clear standards for assessing confidence in the ways in which expert testimony and a lack of the people’s courts handle such familiarity on the part of many US cases—these failings include the judges with China and its legal courts’ refusal often even to accept system. Attention is also given to securities cases, or if accepted difficulties in the interpretation of then there is significantly delayed Article 277 of the PRC’s code of Civil case filing, and, even if an award Procedure dealing with judicial favourable for the plaintiff is made, assistance issues—difficulties enforcement difficulties will likely leading sometimes to erroneous follow. As a result, the litigation outcomes. The contributed essay track is generally inhospitable to offers suggestions on how US the small investor. Much of this judges might best deal with such difficulty, it is argued, is to be difficulties. explained by the vulnerability of the people’s courts to local pressures Faye Wang (WANG Fangfei) and personal connections, which contributes an essay—‘Online are used to protect the defendant. Dispute Resolution (ODR) The current conservative drift in Simulation: Shaping Curriculum official policies on the people’s for Digital Lawyering’—which courts is unlikely to resolve such examines how the development problems. Thus, although changes of online processes (such as are introduced by a new 2020 ODR) encourages us to consider Securities Law—which in part curriculum innovation so as to borrows from Taiwan experience— better prepare students for their such reforms are likely to have only future participation in a world of a modest impact in the absence ‘digital lawyering’. She reports on Series 2, Vol 2, No 2 Introduction 147 a long-term educational project title and considers in detail six intended to shape modern legal key foundations (theory, case law, education so that it better suits legislation, institutions, process a professional world in which and constitutions) and their future the work of lawyers and others is development. Birkinshaw’s review increasingly digitalized. Her essay offers carefully balanced and describes her experience over more insightful commentaries on each than a decade with ODR simulation contributed chapter. Moreover, workshops which offer students a encouraged by the quality of the virtual learning environment for contributed essays, including the development of both legal and Craig’s own analysis of the chosen digital skills. Students participate six key dimensions of public law in online arbitration and mediation in the Brexit process up until May sessions, and their involvement 2019, Birkinshaw’s commentary will likely include submission of concludes by offering his own arbitral awards and mediation expansive view of the tasks of settlements, taking technical public law both now and in the observation notes and participating foreseeable future. These include: in group presentations. Such establishment of the public realm activities are felt to provide many and maintenance of the effectiveness additional benefits in addition to and sustainability of the public helping students to learn to cope realm; regulating relations between better with the challenges lawyers public organs and the powers they and others are likely to face using exercise on behalf of the public in e-technology in dispute resolution the public interest; ensuring that and other aspects of their work. public power in its numerous forms The teaching and learning strategy is accountable; protecting equally is thus intended to shape the under law those affected by such law curriculum in order to meet power and facilitating their effective the upcoming new rules and contribution to the political and the standards of the Solicitors social context in which they exist; Qualifying Examination. and the protection of human rights In his Review Article, Professor and promotion of transparency. Patrick Birkinshaw assesses the These are the tasks of public law book edited by Elizabeth Fisher, and will remain its tasks for the Jeff King and Alison L Young and future. entitled The Foundations and Future The contribution by Matthieu of Public Law: Essays in Honour of Burnay and Eva Pils entitled Paul Craig. This volume celebrates ‘Human Rights, China and the the work of Professor Craig and its UN: A UPR Mid-term Assessment’ value for public law discourses.
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