Settling International Business Disputes with China: Then and Now
A Generation Later— Substantial Progress, but . . . . . . . . . . . . . . . . . . 558 R I. Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558 R II. Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561 R III. Adjudication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565 R Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567 R
Beyond the 'Harmonious Confucian': International Commercial Arbitration and the Impact of Chinese Cultural Values
Herbert H.P. Ma has written eloquently and extensively about the interrelationships between traditional Chinese cultural values and modern Chinese legal rules and practices. In the contemporary world, one area where the mutual influence of culture and law is most clearly on display is international commercial arbitration. This chapter explores the philosophical, cultural, socioeconomic, and structural roots of international arbitration as it is conducted in culturally Chinese jurisdictions and by culturally Chinese parties and arbitrators. Is traditional Chinese culture persistent? Or is its impact swamped by differences in legal systems and the economic imperatives of modern commercial dispute resolution? The chapter concludes that while standard practices in international arbitration do seem to be determined more by structural and legal factors than by cultural ones, Chinese dispute resolution culture will nevertheless be influential in shaping the evolution of global international arbitration standards.
The utility of uric acid assay in dogs as an indicator of functional hepatic mass.
Uric acid was used as a test for liver disease before the advent of enzymology. Three old studies criticised uric acid as a test of liver function. Uric acid, as an end-product of purine metabolism in the liver, deserved re-evaluation as a liver function test. Serum totalbile acids are widely accepted as the most reliable liver function test. This study compared the ability of serum uric acid concentration to assess liver function with that of serum pre-prandial bile acids in dogs. In addition, due to the renal excretion of uric acid the 2 assays were also compared in a renal disease group. Using a control group of healthy dogs, a group of dogs with congenital vascular liver disease, a group of dogs with non-vascular parenchymal liver diseases and a renal disease group, the ability of uric acid and pre-prandial bile acids was compared to detect reduced functional hepatic mass overall and in the vascular or parenchymal liver disease groups separately. Sensitivities, specificities and predictive value parameters were calculated for each test. The medians of uric acid concentration did not differ significantly between any of the groups, whereas pre-prandial bile acids medians were significantly higher in the liver disease groups compared with the normal and renal disease group of dogs. The sensitivity of uric acid in detecting liver disease overall was 65% while the specificity of uric acid in detecting liver disease overall was 59%. The sensitivity and specificity of uric acid in detecting congenital vascular liver disease was 68% and 59%, respectively. The sensitivity and specificity of uric acid in detecting parenchymal liver disease was 63% and 60%, respectively. The overall positive and negative predictive values for uric acid in detecting liver disease were poor and the data in this study indicated uric acid to be an unreliable test of liver function. In dogs suffering from renal compromise serum uric acid concentrations may increase into the abnormal range due to its renal route of excretion.