Ad Hoc Arbitration in China
Auteur : Zhang Tietie
Arbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions. The Arbitration Law of the People?s Republic of China, however, requires that parties appoint an arbitration institution in their arbitration agreement; otherwise an ad hoc arbitration agreement is invalid. This rule seems to preclude ad hoc arbitration under Chinese law and threatens the validity of many arbitration agreements that are imperfectly drafted. Fortunately, however, this does not mean Chinese courts will never enforce an ad hoc arbitration agreement or an ad hoc arbitration award. This book informs parties and practitioners of potential pitfalls related to ad hoc arbitration in China and offers practical guidance. It also conducts a comparative study of the history of arbitration in the Western world and in China, to identify the reasons for this hostility to ad hoc arbitration and calls for changes to this requirement under Chinese law.
Foreword
Acknowledgments
1 Introduction
2 A history of legal transplant
3 Enforceability of ad hoc arbitration agreements in China
4 Enforceability of ad hoc arbitration awards in China
5 Making ad hoc arbitration work in China under its current law
6 A system calling for change
7 Re-thinking China’s ad hoc arbitration legal framework
8 Conclusion
Appendices
Index
Tietie "Frank" Zhang is a Lecturer in Corporate and Commercial Law at the University of Sheffield School of Law.
Date de parution : 06-2020
15.6x23.4 cm
Date de parution : 10-2018
15.6x23.4 cm
Thèmes d’Ad Hoc Arbitration in China :
Mots-clés :
Macau Special Administrative Region; Arbitration Agreement; chinese law; SPC’s Judicial Interpretation; arbitration in the west; Commercial Arbitration Act; arbitration in china; Institutional Arbitration; history of arbitration in China; Foreign Arbitration; legal transplant; People’s Mediation; institutional; York Convention; jurisdictions in the greater china region; UNCITRAL Arbitration Rule; hong kong; Chinese Lawmakers; macau; Chinese Arbitration; taiwan; Arbitration Agreement’s Validity; non-chinese law; Lex Arbitri; choice-of-law rules; Chinese Government; supreme people’s court; Chinese Courts; validity; Private Dispute Resolution Mechanism; arbitration law; PRC Law; people’s republic of china; SPC’s Rule; civil procedure; Ad Hoc Arbitration; Foreign Arbitration Award; International Commercial Arbitration; ICC Rule; HKIAC