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 journalpeer-review

3 Scopus Citations
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Detail(s)

Original languageEnglish
Pages (from-to)741-754
Journal / PublicationInternational and Comparative Law Quarterly
Volume63
Issue number3
Online published17 Jul 2014
Publication statusPublished - Jul 2014

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