CUHK LAW CCTL Transnational Economic Law and Dispute Settlement Group seminar – ‘International Commercial Arbitration: What Explains the Ongoing Boom?’ by Prof. Michael Martinek
4 Oct 2023
1:00 pm – 2:00 pm
-Graduate Law Centre 2/F, Bank of America Tower, 12 Harcourt Road Central, Hong Kong
Professor Michael Martinek held the chair for Civil and Commercial Law, Business Organisation Law, Comparative Law and Private International Law of University of Saarland in Saarbruecken, Germany, from 1986 to 2019. He was also director of the Institute of European Law. He wrote a doctoral thesis in law (Dr.iur., Berlin 1978) and one in political sciences (Dr.rer.publ., Speyer 1981). He was awarded the degree “Master of Comparative Jurisprudence” by New York University in 1982 after one years of studies in the USA. Having obtained the professorial qualification (venia legendi) in 1986, he was a docent at university of Muenster/Westfalia, before he was appointed professor for life at Saarland University in Saarbruecken.
Professor Martinek’s ongoing research focuses on German and European commercial and business law, trade regulation law and antitrust law, particularly the law of distribution systems and banking law. He has written more than 30 books and major treatises (some of them have become standard works) and more than 250 articles, contributions and notes. He is a visiting professor at ZUEL Wuhan and at University of Johannesburg, Rep. of South Africa where he he was was appointed Honorary Professor of Law in 2006 and Distinguished Visiting Professor in 2015.
Prof. Martinek will discuss the commonly enlisted advantages of international commercial arbitration proceedings and explain its astonishing thrive and popularity in the international business world. Surprisingly, it is not so much the easy enforcement of arbitral awards, the procedural flexibility, the shorter duration, or the (often enough) lower costs of arbitration proceedings, which account for the unbroken arbitration boom. It rather appears that it is the obtention of a “better law” in the eyes of the parties which determines the preference for private courts instead of state courts. Arbitration seemingly delivers higher quality outcomes from the parties’ perspective.
CPD credits are available upon application and subject to accreditation by the Law Society of Hong Kong (currently pending).