AN EXPLORATORY STUDY OF MACAO’S ROLE AS AN ARBITRATION SEAT AND VENUE FOR SINO-LUSO COMMERCIAL DISPUTES

Abstract

OBJECTIVE: OVER THE PAST DECADE, ARBITRATION HAS GROWN IN POPULARITY AS A METHOD OF RESOLVING COMMERCIAL DISPUTES WORLDWIDE. HOWEVER, THIS PRACTICE IS RELATIVELY NEW IN MACAO SAR. RECENTLY, OFFICIAL PLANS WERE ANNOUNCED TO MAKE MACAO AS A SEAT OF ARBITRATION FOR COMMERCIAL DISPUTES BETWEEN CHINA AND PORTUGUESE-SPEAKING COUNTRIES (HEREINAFTER PSCS). THIS ARTICLE IS DEDICATED TO EXPLORES THE POSSIBILITY OF MACAO UNDERTAKING AND IMPLEMENTING SUCH A ROLE. ACCORDINGLY, THIS ARTICLE ADDRESSES THE FOLLOWING ISSUES: WHAT ARE THE STRENGTHS AND WEAKNESSES OF MACAO AS A SEAT AND EVENTUALLY AS VENUE FOR HOSTING INTERNATIONAL COMMERCIAL ARBITRATION BETWEEN CHINESE AND PSCS ENTREPRENEURS?METHODOLOGY: A MIXED-METHOD APPROACH OF LEGAL DOCTRINAL AND EMPIRICAL RESEARCH WAS USED IN THIS ARTICLE. WE FIRST INCLUDED A THOROUGH STUDY OF THE CONCEPT OF ARBITRATION FOLLOWED BY ANALYSIS OF VARIOUS LEGAL JOURNALS AND LEGISLATIONS, INCLUDING MACAO, CHINA, AND PSCS’ ARBITRATION LAWS. AN EMPIRICAL RESEARCH WAS THEN USED TO COLLECT DATA BY SURVEYING AND INTERVIEWING WITH BOTH LAWYERS AND ARBITRATION PRACTITIONERS FROM MACAO, CHINA AND PSCS.RESULTS: THIS ARTICLE ARGUES THAT THE STRENGTH OF MACAO RESIDES IN THE SIMILARITIES BETWEEN ITS LEGAL SYSTEM AND THAT OF THE CHINA AND PSCS AND THE LANGUAGES ADVANTAGE (CHINESE AND PORTUGUESE BOTH OFFICIAL LANGUAGES). IN SPITE OF THIS, ARBITRATION IS STILL RELATIVELY UNDERUTILIZED IN THE REGION, AND THERE IS A LIMITED NUMBER OF ARBITRATORS AND LEGAL PROFESSIONALS WITH BILINGUAL PROFICIENCY.CONTRIBUTIONS: THIS ARTICLE CONTRIBUTES TO THE IDENTIFICATION OF THE OPPORTUNITIES AND CHALLENGES THAT MACAO FACES IN ITS POTENTIAL FUTURE DEVELOPMENT AS A SEAT/VENUE OF ARBITRATION BETWEEN CHINA AND THE PSCS.