China Arbitration Yearbook (2021)

Frontmatter

Chapter 1. Judicial Review of Arbitration Agreement: General

Abstract

In China’s arbitration practice, if there is no arbitration agreement, in principle, the arbitration institution will not accept the corresponding disputes. Under normal circumstances, a party claiming that there is no arbitration agreement may ask the court or the arbitration institution to confirm that there is no arbitration agreement.

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Chapter 2. Multiple Contracts and Conflicting Dispute Resolution Provisions

Abstract

“Arbitration or litigation” clause refers to an agreement stipulated by the parties to resolve disputes by arbitration or litigation. It is generally believed that such an arbitration clause is invalid under Chinese law. Article 7 of the Arbitration Law Interpretation provides that “where the parties agree that a dispute may be submitted to an arbitration institution for arbitration or filed with the people’s court for commencement of legal proceedings, the arbitration agreement shall be deemed invalid…”.

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Chapter 3. Arbitration Institution and Place

Abstract

In a commercial arbitration system, it is necessary to determine the nationality of an award because only those allowed by the domestic law of a specific country can be legally binding in that country. The determination of the nationality of an arbitral award is to find with which country the award is connected, which decides courts' right to revoke the award and the scope of the recognition and enforcement of the award.

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Chapter 4. Parties

Abstract

Parties’ consensus is the basis of arbitration, and parties’ autonomy is the cornerstone of arbitration. Article 4 of the Arbitration Law stipulates that “if the parties adopt arbitration to resolve their disputes, they shall reach an arbitration agreement on the voluntary basis. If no arbitration agreement is reached and a party applies for arbitration, the arbitration commission shall not accept the application.” Based on the doctrines of parties’ autonomy and relativity of contract, the arbitration agreements are only binding on the signatories but not the nonsigntories.

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Chapter 5. Arbitrator and Tribunal

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Chapter 6. Arbitral Procedures

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Chapter 7. Evidence

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Chapter 8. Arbitrability and Arbitral Scope

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Chapter 9. Arbitral Awards and Decisions

Abstract

The finality of arbitral awards, one of the basic characteristics of arbitration, provides a guarantee for the rapid resolution of disputes between the parties. This means that no repeated arbitration shall be allowed; that is, any party shall not apply to the arbitration institution for arbitration or bring a lawsuit to the court for disputes that have been heard and decided by the arbitral tribunal. Article 9 of the Arbitration Law stipulates that after an arbitral award is rendered, where the parties apply for arbitration or initiate an action to the people’s court with respect to the same dispute, an arbitration commission or a people’s court shall not accept the action.

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Chapter 10. Public Policy

Abstract

The violation of the social public interest is one of the situations in which parties may apply for setting-aside and non-enforcement of arbitral awards. It is also the main situation in which the court may review the setting-aside or non-enforcement of arbitral awards ex officio. Like most countries, there is no specific provision on the meaning and connotation of the social public interest in the current laws and regulations of China. In China’s judicial practice, this Chinese concept is the same as public order or public policy.

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Chapter 11. Main China Arbitration Institutions and Judicial Review Decisions

Abstract

In recent years, arbitration in China has entered the stage of rapid development. In 2017, 253 arbitration institutions in China accepted 239,360 cases.

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Chapter 12. Recognition and Enforcement of New York Convention Awards in China

Abstract

The New York Convention is undoubtedly one of the most successful international commercial treaties. To some extent, it is no exaggeration to call it the most successful international commercial convention to date.

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Backmatter