China - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Catherine Mun is Special Counsel in Baker & McKenzie’s Hong Kong office and a member of the Firm’s International Arbitration Practice Group. She specializes in commercial and construction-related arbitration and litigation, and represents multinational corporations in domestic and international arbitrations, including arbitrations under the ICC, CIETAC and HKIAC rules and ICSID arbitration.

Shen Peng is an Associate in Baker & McKenzie’s Beijing office and a member of Firm’s Dispute Resolution Group. He represents international and domestic clients in domestic and international disputes. Prior to working in private practice, Shen Peng was a judge of Beijing People’s Court.

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Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

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A. LEGISLATION, TRENDS AND TENDENCIES

Arbitration in the People’s Republic of China (which, for this purpose, does not include Hong Kong or Macau) (“China”) can be divided into domestic arbitration, foreign arbitration or foreign-related arbitration. The rules applicable to them are in some circumstances different, such as in the context of setting aside or refusing enforcement of arbitral awards. China has also entered into a number of bilateral treaties which provide for the resolution of investment disputes by arbitration.3

Arbitration in China is governed by the Arbitration Law of the People’s Republic of China (the “Arbitration Law”).4 The Arbitration Law came into effect on 1 September 1995 and reflects a number of internationally well-recognized arbitration principles. For instance, it reflects the principle that arbitration depends on a valid arbitration agreement between the parties, and that such agreement can exclude the jurisdiction of the courts. Moreover, subject to limited grounds for refusal of enforcement and recognition, which are similar to those set out in Article V of the New York Convention, a Chinese arbitral award is final and binding on the parties to the arbitration.