The proper law of the arbitration agreement: Mainland Chinese and English law compared

This article compares the recent Mainland Chinese and English cases regarding the proper law of the arbitration agreement. It explains the similarities and differences between English and Mainland Chinese courts' approaches to the determination of the proper law for international arbitration agreements. It identifies deficiencies in those approaches and argues that both English and Mainland Chinese courts should adopt the pro-validation principle in the determination of the relevant issues concerning the proper law for international arbitration agreements. It proposes that Mainland Chinese law should be amended to give effect to the parties' intentions and objectives in submitting their disputes to international commercial arbitration, as mandated by the New York Convention.