Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-45l2p Total loading time: 0 Render date: 2024-04-25T09:29:18.811Z Has data issue: false hasContentIssue false

13 - Judicial Control of Arbitral Awards in Mainland China

from Part IV - Judicial Control of Arbitral Awards

Published online by Cambridge University Press:  08 October 2020

Larry A. DiMatteo
Affiliation:
University of Florida
Marta Infantino
Affiliation:
University of Trieste
Nathalie M-P Potin
Affiliation:
Lyon Catholic University
Get access

Summary

Mainland China has not adopted the UN Commission on International Trade Law (UNCITRAL) Model Law, nor has it permitted ad hoc arbitration. Yet, arbitration in China is developing rapidly. According to the data released by the Ministry of Justice on March 2019, at the end of 2018 there were 255 arbitration commissions established with more than 60,000 staff members in mainland China.1 The caseload of 2018 is 540,000, which was a 127 percent increase compared to that in 2017.2 The stakes involved in 2018 are around 700 billion RMB.3 Since the promulgation of the Chinese Arbitration Law (CAL) in 1994, domestic arbitral commissions have handled over 2.6 million cases involving more than seventy countries/regions.4 Additionally, judicial review of arbitration in China has undergone changes over the last decades. The Chinese Arbitration Law has gone through heated discussions of amendment, and the Supreme People’s Court’s (SPC) judicial interpretations have contributed significantly to the development of Chinese arbitration. With the acceleration of open-up policy and the implementation of the Belt and Road Initiative (BRI), China endeavors to elevate its international image by providing fair, transparent, and efficient judicial services for international dispute resolution. Judicial attitude toward arbitration becomes more open minded than ever before. In earlier days, foreign investors had little information on the prospects of enforceability of arbitral awards in mainland China. The uncertainty inevitably affected their decisions on whether to choose arbitration as a dispute resolution mechanism when doing business with Chinese counterparts.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×