【文章內(nèi)容簡(jiǎn)介】 nar. My proceeding involved a dispute between European and American parties in which the New York arbitrator cites this Beijing author six times in his opinion. Arbitral awards vs. court decisions Of the 172 Chinese Article 74 cases on damages that we report on our Inter database, 160 are arbitral awards, and 12 are court decisions. This suggests that, in China, international sales disputes are resolved more frequently by arbitration than by the courts. That is not surprising since worldwide, the typical negotiated international sales contract contains an arbitration The history of arbitration in China ―With its roots in Confucian philosophy, mediation‖ is said to have ―been used for thousands of years to resolve disputes in China.‖2 Arbitration in China is of more recent ―China formally adopted ?arbitration‘ in the early twentieth century as Westernstyle ?arbitration‘ was introduced into the country …‖ ―The first formal arbitration system for resolving mercial disputes with foreign parties was set up shortly after Communist China was established.‖ ―That system has ultimately evolved into the China International Economic and Trade Arbitration Commission (?CIETAC‘). … CIETAC is one of the world‘s busiest arbitration forums.‖4 And China has emerged as ―the world‘s largest arbitration forum.‖5 ―Subsequent to the Arbitration Law in 1994, more than 140 … arbitral centers have been established … throughout the country. Most foreign parties … arbitrate[ing] in China still choose CIETAC … although the Beijing Arbitration Commission is also attracting attention for its ethical practices.‖6 The successful growth acceptance of arbitration in China can partly be attributed to a distinguished member of our audience today. Professor Tang Houzhi has devoted much of his professional career to the planting of the trees of arbitration in China. In recognition, the King of Sweden has presented him with his country‘s medal of honor. As a member of an academic institution, I am not empowered to award such medals. Books, however, go handinhand with academic institutions and I am empowered to award a book to Professor Tang. I do so now. 1 See Joseph T. McLaughlin, Kathleen M. Scanlon amp。 Catherine X. Pan, ―Planning for Commercial Dispute Resolution in Mainland China‖, 16 American Review of International Arbitration (2021) 140141 for a listing of special advantages of arbitration over litigation in mercial disputes between Chinese panies and foreign parties. 2 Fiona D‘Souza, ―The Recognition and Enforcement of Commercial Arbitral Awards in the People‘s Republic of China‖, 30 Fordham International Law Journal (2021) 1319. 3 ―Prior to the postMao economic reforms, little arbitration took place in China. … The beginnings of modern Chinese arbitration can be traced to 1912, immediately after the end of the Qing dynasty. However most of the modern system developed after 1978. Prior to that time, Ch ina conducted little foreign trade, and international arbitration was neither necessary nor important to the economy or politics of China.‖ Benjamin O. Kostrzewa, ―China International Economic Trade Arbitration Commission in 2021: New Rules, Same Results?‖, 15 Pacific Rim Law amp。 Policy Journal (2021) 522523 (citations omitted). 4 Id. D‘Souza, supra n. 3 at 13201321. 5 Zhao Xiuwen amp。 Lisa A. Kloppenberg, ―Reforming Chinese Arbitration Law and Practices in the Global Economy‖, 31 University of Dayton Law Review (2021) 423. 6 D‘Souza, supra n. 3 at 13211322 (citations omitted). 1980 年《聯(lián)合國(guó)國(guó)際貨物銷(xiāo)售合同公約》（ CISG）在成員國(guó)的適用與解釋 國(guó)際研討會(huì)論文集 6 Professor Tang, I award you the book, The Man Who Planted This is a book that tells the story of an extraordinary individual whose tireless efforts revitalize his munity. It teaches us about hope, humanity, and our ability to better the world we live in. Case law reporting The typical arbitral institute does not report or rarely reports its awards. CIETAC takes a different approach and, in so doing, has bee a world leader in transparency of awards – particularly in uniform international sales law, the subject of our seminar. CIETAC has shared with the world trade munity the full texts of more uniform international sales law awards than any other arbitral institute of any The Institute of International Commercial Law of the Pace University School of Law has set in place an arbitration case translation project. In honor of a preeminent planter of the trees of arbitration in China, we name this project The Professor Tang Houzhi Program To earn the seal of this program, each translation of a CISG award must be processed through three iterations: The translator‘s text。 A review by a person fluent in English and the CISG。 and A final edit by a person fluent in English and Chinese, and knowledgeable in the CISG. To date, we report over 200 uniform law arbitration case translations that have earned the seal of the Professor Tang Houzhi Program. The importance of case law reporting The importance of case law reporting is: It ―help[s] promote rigorous legal reasoning and standards of legal interpretation.‖ It ―serve[s] as a useful guide for judges [and arbitrators] to encourage consistency and … predictability.‖9 In the mon law world, Sir Edward Coke highlighted the importance of case law reporting, stating: ―The reporting of particular Cases or Examples is the most perspicuous course of teaching the right rule and reason of the law.‖10 China recognized the importance of case law reporting at an earlier date. The Collected Models of Clarity and Lucidity was published in China with a preface that dates back to 1261. Clarity and Lucidity is a casebook that reproduces the texts of dec