Domestic Arbitration in China: A Comparative Perspective - Chapter 2 - Dispute Resolution in China
Cliff Manjiao Chi
Mr. Chi is an Associate Professor of Law School, Xiamen University, China and Deputy Secretary-General of the Administrative Council, Xiamen Academy of International Law. His major research fields include international and comparative arbitration, WTO law, investment law and public international law. He publishes extensively in these fields and is the author of Study on Major Legal Issues of Multi-Party and Multi-Contract Arbitration, the first book on complex arbitration in Chinese. In addition to academic activities, Mr. Chi worked for the Ministry of Commerce of the P.R.C., handling and counselling China’s WTO and investment cases and legislative work. He has also served as arbitrator or counsel in various foreign-related arbitration cases and is on the panel list of Xiamen Arbitration Commission. Mr. Chi received his Ph.D of Law from Law School, Xiamen University and was visiting fellow in Max-Planck Institute of Comparative Public Law and International Law, Columbia Law School and UNIDROIT.
Originially from Dispute Resolution in China
This Chapter is dedicated to domestic arbitration in China. To start with, it is necessary to delineate a few basic issues within the context of Chinese arbitration. The first issue is how to determine if arbitration is domestic or not; in other words, what are the major types of arbitrations under Chinese arbitration law. The next issue is, if Chinese arbitration law distinguishes domestic arbitration from other types of arbitrations, in what way are they treated differently and what implications do such distinctions have to Chinese arbitration in general.
This Chapter tries to deal with the above issues from a comparative perspective. It contains eight Parts including the Introduction (Part I) and Conclusion (Part VII). Part II provides some basic knowledge on Chinese arbitration law with particular focus on domestic arbitration. Part III deals with a fundamental issue of Chinese arbitration law, the dual-track system, which essentially means that domestic arbitration and foreign-related /foreign arbitration are distinguished and are treated differently in various aspects. As the distinctions between domestic and foreign-related /foreign arbitration are not sufficiently clearly elaborated in Chinese arbitration law, a thorough study of domestic arbitration from a comparative perspective is needed. Part IV deals with Chinese arbitration commissions and domestic arbitration. The issue of arbitration commissions is particularly important in China not only because ad hoc arbitration is banned in China, but also because of their historical role in implementing the dual-track system. Although these three Parts are not exclusively focused on domestic arbitration, they are indispensable for correctly understanding domestic arbitration.
II. Chinese Arbitration Law on Domestic Arbitration
III. The Dual-track System and Domestic Arbitration
IV. Arbitration Commissions and Domestic Arbitration
V. Arbitral Jurisdiction in Domestic Arbitration
VI. Arbitral Procedure of Domestic Arbitration
VII. Recognition and Enforcement of Domestic Arbitral Awards