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China - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
James Kwan
Peng Shen
Sarah Zhu
Page Count: 
16 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
China
Practice Areas: 
Arbitral Awards,
Enforceability,
CIETAC
Author Detail: 

 

James Kwan is a Partner in the Dispute Resolution Group of Baker & McKenzie’s office in Hong Kong. He leads the arbitration practice in Hong Kong. He specializes in infrastructure, engineering, and energy disputes. He has a range of international experience, having represented clients in arbitrations in Hong Kong, Asia, the Middle East, and Europe under the major institutional rules.

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

Sarah Zhu is a Legal Assistant in the Dispute Resolution Group of Baker & McKenzie’s office in Shanghai. Her practice focuses on arbitration and litigation for clients in the automobile, pharmaceutical and insurance sectors.

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Description: 

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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CHINA
James Kwan, Peng Shen and Sarah Zhu

China distinguishes between “domestic” and “foreign-related” arbitrations, with distinct legal regimes for each.
 

The PRC Arbitration Law, which is China’s main legislation on arbitration, regulates both regimes but does not specifically define these terms. The Civil Procedure Law is likewise silent on the meaning of “domestic” and “foreign-related.” The Arbitration Law, together with certain provisions in the Civil Procedure Law, other legislation, court decisions and rules issued by arbitration institutions, form the legal framework for arbitration in China.
 

An opinion of the Supreme People’s Court (“the SPC”)5 provides some clarity by setting out the parameters for a “foreign-related” case. An arbitration will be considered “foreign-related” if one of the following conditions are met:

Table of Contents: 

CHINA
James Kwan, Peng Shen and Sarah Zhu
 

A. Legislation, Trends and Tendencies
A.1 SPC Comments
a.2 New Proposed CIETAC Rules
B. Cases