Judicial Review of Arbitration: Law and Practice in China
About this book:
Judicial Review of Arbitration covers issues that arise at all stages of the enforcement application process focusing mainly on various challenges and defenses regarding the enforcement of foreign and domestic arbitral awards. This book discusses concepts and cases in commercial arbitration and judicial review. International commercial arbitration relies on the possibility of enforcing arbitral decisions against recalcitrant parties. In China, a crucial world market, where the annual arbitration caseload has reached 200,000 and where arbitration is evolving, authorities attach great importance to judicial review of arbitration. This is the first book to address issues concerning the recognition and enforcement of arbitral awards under applicable law in “Greater China”—the People’s Republic of China (PRC), Taiwan, Hong Kong and Macao—describing and analyzing the effect of judicial review on a wealth of recent issues and cases.
What’s in this book:
After providing an overview of the legal framework for Chinese arbitration and judicial review of arbitration, the book introduces and discusses the law governing the arbitration agreement, due process, the arbitrator’s power, arbitrability, formation of arbitral tribunal, mediation and public policy. For a better understanding of commercial arbitration from an international perspective, there are comparative studies of foreign laws and practices across the chapters of the book, and abundant primary source material is provided in appendices. In its focus on the challenges arising at all stages of the enforcement application process, such issues and topics as the following are covered in detail:
- significant judicial interpretations of the Supreme People’s Court as recent as 2018;
- examination of the validity of arbitration agreements;
- setting aside and enforcement of arbitral awards by PRC arbitration institutions;
- role of the New York Convention and other treaties;
- succession of contract;
- examination of evidence; and
- role of competition law and intellectual property law.
In the discussion of each case and each type of issue, the book shows clearly what kind of arbitral awards can be recognized and enforced in China and what kind cannot.
How this will help you:
As an invaluable source of detailed information and as a thorough guide on the grounds and procedures of judicial review of arbitration in Chinese courts, this book will be of valuable source to practitioners, global law firms, companies doing transnational business, jurists and academics from all countries concerned with matters regarding international and foreign-related arbitration in China.
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Introduction to Arbitration and Chinese Arbitration
An Overview of Judicial Review of Arbitration in China
Arbitration Agreement: General Issues
Arbitration Agreement: Challenge and Judicial Review
Parties to Arbitration
Arbitrator and Tribunal
Arbitrability and Arbitral Scope
Interregional Recognition and Enforcement of Chinese Arbitral Awards
Arbitration Law of the People’s Republic of China
Civil Procedure Law of the People’s Republic of China (Excerpts)
Notice of the Supreme People’s Court on Implementing the Convention on the Recognition and Enforcement of Foreign Arbitral Awards Acceded to by China
Interpretation of the Supreme People’s Court on Certain Issues concerning the Application of the “Arbitration Law of the People’s Republic of China”
Interpretations of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China (Excerpts)
Provisions of the Supreme People’s Court on Report for Approval of the Arbitration Cases that Are Subject to Judicial Review
Provisions of the Supreme People’s Court on Certain Issues Related to the Conduct of Judicial Review of Arbitration Cases
Notice of the Supreme People’s Court concerning Some Questions regarding the Centralized Handling of Judicial Review of Arbitration Cases
Provisions of the Supreme People’s Court on Several Issues concerning the Handling of Cases of Arbitration Awards Enforcement by People’s Courts