Download This PaperArbitration in China: Practice, Legal Obstacles, and Reforms
ICC International Court of Arbitration Bulletin, Vol. 19, No. 2, pp. 25-40, 2008
20 Pages Posted: 25 Sep 2011 Last revised: 22 Oct 2015
Date Written: November 24, 2008
Abstract
Increasing cross-border commercial exchanges and foreign investments have caused arbitration to become more frequently selected as a dispute resolution option in China. In response to this growing demand, China has taken significant steps to improve its arbitration system. Nevertheless, arbitration practice in China still displays many inconsistencies with international norms, causing concern for foreign investors.
This article looks at the practice, problems and prospects of arbitration in China through (i) an overview of the Chinese arbitration system, (ii) a description of the peculiarities of Chinese arbitration practice, (iii) an analysis of the legal obstacles that lie behind those peculiarities, and (iv) a review of past and future reforms.
Keywords: Arbitration in China, legal reforms, legal obstacles, transnational arbitration, CIETAC, domestic arbitration, foreign-related/international arbitration
JEL Classification: K00, K10, K19, K20, K29, K40, K41, K49
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