Arbitration in Mainland China offers many of the same advantages as arbitration in other jurisdictions, with lower costs and faster resolution. Still, foreign parties rarely choose arbitration in…
It is well-recognized in the world of international arbitration that the curial courts—those at the seat of the arbitration—have supervisory jurisdiction over their local arbitral proceedings (the so…
Efforts are underway in China to reform the Arbitration Law of the PRC (“PRC Arbitration Law”), a statute that was promulgated in 1994 (effective in 1995) and that remains substantially unchanged to…
In any arbitration, the parties’ choice of seat normally determines the legal regime under which an arbitration is conducted and any award is enforced. Accustomed to the international “seat standard…
In Part I of our post, we discussed the long-standing uncertainties existing in China about what legal regime governs arbitrations administered by foreign arbitral institutions. We also introduced…
Introduction
In international arbitration, winning an award is not the end of the story. Instead, a favorable business outcome depends on successful enforcement of the award in the jurisdiction(s)…
Introduction
Parties to international commercial transactions not infrequently find themselves in disputes over whether a valid arbitration agreement exists between them or whether a court or an…
