Applicable laws to arbitration agreements under current arbitration law and practice in mainland china
Research output: Journal Publications and Reviews (RGC: 21, 22, 62) › 21_Publication in refereed journal › peer-review
Author(s)
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Detail(s)
Original language | English |
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Pages (from-to) | 741-754 |
Journal / Publication | International and Comparative Law Quarterly |
Volume | 63 |
Issue number | 3 |
Online published | 17 Jul 2014 |
Publication status | Published - Jul 2014 |
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Abstract
This article examines the recent development of mainland Chinese law and judicial practice regarding the law applicable to arbitration agreements. It identifies potential changes to mainland Chinese law and practice that may help to further develop the People's Republic of China (PRC) into a truly international-arbitration-friendly jurisdiction. It argues that in the absence of explicit statutory provisions and a consistent approach in the People's Courts to the determination of the place of arbitration and the law applicable to arbitration agreements, it is important for parties negotiating arbitration clauses with a seat in China and/or for contracts involving mainland Chinese elements to explicitly designate the place of arbitration as well as the law governing their arbitration agreements. Copyright © British Institute of International and Comparative Law 2014.
Research Area(s)
- applicable law, arbitration agreements, Chinese law, comparative law, recognition and enforcement
Citation Format(s)
Applicable laws to arbitration agreements under current arbitration law and practice in mainland china. / Yang, Fan.
In: International and Comparative Law Quarterly, Vol. 63, No. 3, 07.2014, p. 741-754.Research output: Journal Publications and Reviews (RGC: 21, 22, 62) › 21_Publication in refereed journal › peer-review