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A. IN 2012 ICBC，a rolled Chinese company that is the world’s most valuable bank，bought four-fifths of the Argentine subsidiary of Standard Bank，a South African deA. was hailed as a leap forward for“South-South”co-operation—direct economic ties between emerging markets(新兴市场) one group of fich-world middlemen got a slice of the action： was represented by Linklaters，an English firm，and Standard Bank by Jones Day,an American deal was made under English law,with any differences to be settled in A.l English arbitration center.
gh emerging markets now account for over hA.f the world’s GDP at purchasing-power parity(购买力平价)，and trade between them is booming，just two developed countries retain a stranglehold on cross-border finance，investment，mergers and as America benefits from issuing the world’s reserve currency,America and its former colonial master,Britain,enjoy the exorbitant privilege of issuing the world’s“reserve law”.A global survey by Queen Mary University in London in 2010 of general counsels and legal-department heads found that 40%most frequently did business using English law and another 22%rally the law of New York other country’s lawgot a significant share.
ica and Britain reap large rewards from their legal the world’s 100 highest-grossing law firms，9 1 have their headquarters in one of the ica’s legA. sector is bigger than the GDP of Peru;though much of that is because of Americans’litigiousness.a good chunk comes from foreign New York offices of American firms earn around$1.8 billion annually from ute st ds of litigants in English commerciA. courts 1.5% legA. sector’s share of British GDP is nearly double that in other big European countries.
r bits of both countries’economies feel the ripples(余波)，igners visiting for legal hearings stay in hotels and eat in ring lawyers from around the world pay to attend their universities and spread goodwill when they go ndence on American and British law firms makes it harder for rs to move from New York and London to Hong Kong or ain’s government describes lawyers as“central to the export of other professionA. services”such as accounting，asset management and banking.
competition is often weak：much of China’s commerciallaw was written by Communist Party officials and is fiddled with errors：and though India adopted much of English common law,its courts are notoriously the incumbents’biggest advantage is that they have systems with centuries of binding means they offer as much certainty as any jurisdiction(司法权) civil-law countries such as France，Portugal and Spain，and their ex-colonies，judges have wide latitude to interpret statutes，increasing the risk of nasty legal l systems place more restrictions on acceptable clauses，and often consider the interests of third parties，such as workers or consumers.
other countries would like to break this duopoly(双头垄断市场) even those with good laws on Paper would take decades to train enough lawyers and judges to make them immediate threat to American and British law comes from a trend that dispenses with courts ies to a cross-border deal must decide not only which country’s law governs it but how disputes should be s are increasingly opting for private arbitration，which promises confidentiality,
speed and lower costs than going to court—and here London and New York are less dominant.
G. More recently，new entrants have made g the most Successful is Singapore，whose dedicated arbitration venue(仲裁地点)，SIAC，opened in 199 apore’s government exempts arbitrators from income tax and expedites entry for participants in ’s caseload has quadrupled in the past decade，with Indian firms particularly year they were parties to a third of its 259 new cases.
260 new cases last year,Hong Kong matches SIAC for tration is essential for cross-border deA.s involving China，since its iudges rarely enforce foreign court decisions but are bound to uphold arbitration awards by the New York Arbitration Convention，which it signed in the past，Chinese flrlns reluctantly accepted distant arbitration they are increasingly insisting
on disputes being heard bitant no more?
ish law remains prevalent in Asian arbitration，accounting for 32%of cases at a recent trend in South America shows how quickly this could the big emerging economies，the one mat has most effectively promoted its own law is firms still use y law,usually New York’ raise money and make acquisitions foreign firms active in Brazil often acquiesce to local law,relying on localarbitration as an ative to courts that are politicized and glacially slow.
il’s govemment created a legal framework for arbitration in 1996，which became widely used after being approved by tlle supreme court in 200 ing prevents firms from using foreign arbitration—but losers may delay the application of foreign rulings for years(though not for ever)by filing objections in Brazilian contrast，domestic arbitration awards in local-law cases are deemed
to legal rulings，and implemented on the spot.“There’s nothing to fear about having an arbitration in Brazil，”says Stepheno’Sullivan，a former solicitor in England who works for Mattos Filho，a Brazilian firm.
first sight，the lawyers of Wall Street and the City of London have the most to lose from the growing popularity of r goyemments are not Britain authorities often fail to provide timely visas for parties，experts or for America，businesses often complain about the burden of l discovery,and the threat of unsophisticated juries or elected judges awarding exorbitant a recent survey,Hogan Lovells，a law firm whose main offices are in London and Washington，DC，asked general counsels around the world which jurisdiction they found most a finished second--after America.
the long run，developing countries may be bigger l arbitration may facilitate deals and bolster if it reduces the pressure from multinationals and local finns for simpler laws，berer courts and less political corruption，it may delay attempts to establish legal systems that work not just for businesses for everyone else too.
a and India would be very fragile in the competition because of their wrong commercial laws and inemcient courts.
exorbitant privilege of issuing world’s“reserve law”make American and Britain the absolute winners in global business resorting to their laws.
the contrary，domestic arbitration is considered as legal standards to be adopted immediately.
ica and Britain mostly gain profits from their leading role in providing legal rulings.
lawyers，middlemen of rich world，took a share of spoils in the deal.
5 l arbitration may bring some facilities in a short time，while it delays the intention for everyone to establish legal systems in the future.
rding to a recent survey,Chinese jurisdiction has been the second most challenging one after America.
is a wise choice for foreign finns in Brazil to accept the locA. arbitration rather than politicized and inefficient courts.
is a tough task to break this duopoly in a short time.
ngly relying on American and Britain law firms render it difficult for parties to trust other reliable firms，such as Hong Kong and Frankfurt.
a and India would be very fragile in the competition because of their wrong commercial laws and inefficient courts.由于其错误百出的商法和低效率的法庭，中国和印度完全没有竞争力。
exorbitant privilege of issuing world’s“reserve law”make American and Britain the absolute winners in global business resorting to their laws.英美可以制定世界“储备法”的过分特权使其在国际贸易中成为绝对的赢家，他们的法律是完成国际贸易的.依据。
the contrary,domestic arbitration is considered as legal standards to be adopted immediately.相反地，国内仲裁被看作是合法的标准，应该立刻被采纳。
ica and Britain mostly gain profits from their leading role in providing legal rulings.英美大部分的收益源于其在提供合法裁决方面的领先地位。
lawyers，middlemen ofrich world，took a share of spoils in the deal.作为发达国家的中间人，律师也在这次交易中分得一杯羹。
. arbitration may bring some facilities in a short time，while it delays the intention for everyone to establish legal systems in the future.当地仲裁或许能带来一时的便利，但长远来看，它会推迟我们构建合法框架的终极目标。
rding to a recent survey,Chinese jurisdiction has been the second most ing one after America.根据最近的一项调查发现，中国的司法权除美国外，最具挑战性的。
is a wise choice for foreign firms in Brazil to accept the local arbitration rather than politicized and inefficient courts.对于在巴西的外国公司来说，选择地方仲裁比政治化且没效率的法庭更加明智。
is a tough task to break this duopoly in a short time.短期内想要打破这个双巨头垄断现状是困难重重的。
ngly relying on American and Britain law firms render it difficult for parties to trust other reliabk as Hong Kong and Frankfurt.对英美律师事务所的强烈依赖感致使贸易双方很难再相信翼他可靠的律师事务所，如香港和法兰克福。
书香门第
