Sailing the Muddy Waters of Arbitration in China

Abstract

This paper intends to bring international arbitration practitioners’ attention to a certain number of key aspects of Chinese arbitration. After a brief but necessary introduction of the (I) Chinese arbitration legal framework, this paper will examine how practitioners shall address the (II) unsettling rules governing the validity of the arbitration agreement under Chinese law, the (III) absence of the competence-competence principle, the (IV) disturbing distinction between domestic and foreign-related awards, and the (V) issues relating to the enforcement of foreign-related and foreign awards in the PRC. Finally, the presentation of this practitioners’ guide to arbitration in China would not be complete without a section on (VI) CIETAC arbitration.