STUDY ON THE LEGAL ISSUES OF INTERNATIONAL ARBITRATION INSTITUTION SETTLING IN CHINA

Abstract

The international arbitration institutions settling in China is not only the need of building an attractive arbitration seat in China, but also the need of facilitating dispute settlement between Chinese and foreign parties, promoting the development of arbitration institutions and serving international trade and investment. Due to China's previous legislative and judicial practices, international arbitration institutions are faced with difficulties such as uncertain institutional identification, limited business scope and unclear award recognition and enforcement. However, as China's ascension arbitration credibility construction, China is taking active measures in judicial, administrative and legislative aspect to clarify the legal status of international arbitration institutions, broaden the business scope, promote the validity of arbitration agreement determination, and clear the nationality of arbitration award to recognition and enforcement. These positive measures demonstrate China's friendly attitude of vigorously supporting arbitration, and create a good prospect for international arbitration institutions in China.