Setting Aside An Arbitral Award In The People's Republic Of China - Aria Vol. 12 No. 1 2001
Li Hu - Doctoral Candidate, China University of Political Science and Law, Beijing, China; LL.M.,
Originally from American Review of International Arbitration - ARIA
By enacting the Arbitration Act of 1994, the People’s Republic of China has
established for the first time a system for setting aside an arbitral award (Section I).
Like the arbitration acts of most other countries, the Chinese Arbitration Act gives
courts the option to remit a case to the arbitral tribunal for “re-arbitration” during
proceedings to set aside an award. The author, in discussing in detail the grounds for
setting aside (Section II) and re-arbitration of awards (Section III), explains the
practice of setting aside awards under the Chinese Arbitration Act and specifically
analyzes some of the issues involved in setting aside an award. In examining issues
yet to be resolved, the author puts forward some proposals for the improvement of
the system for setting aside awards (Section IV). Section V concludes with the
author’s perspective on the setting aside mechanism.
I. THE STATUTORY FRAMEWORK FOR SETTING ASIDE AN AWARD
As far as the means of recourse against an arbitral award are concerned,1