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A Simple Guide To Arbitration In Mainland China

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Learn how to resolve cross-border disputes with Chinese companies using Hong Kong law and HKIAC arbitration. Practical legal tips for international SMEs. Foreword Following the advent of the Arbitration Law in 1994, arbitration in China has seen and steady progress. In 1995, there were 11 arbitral institutions in mainland which administered around 1,000 cases, with a total amount of RMB 5 billion dispute. As a contrast, in 2014, 235 arbitral institutions dealt with 113,660 representing a total disputed value exceeding RMB 265 billion. Comparative Analysis of Arbitration Laws: Examining the differences and similarities in arbitration laws across various jurisdictions

International Arbitration Laws and Regulations Report 2024-2025 China

中国大陆这个词在国外一般使用“Mainland China”，但国内英文媒体一般使用“the Chinese mainland”，那到底应该使用哪一种呢？ In particular, parties should always check for any mandatory arbitration. For example, it is prudent for parties wishing to have an ICC

The popularity of arbitration as a means of alternative dispute resolution has increased significantly in recent years. Deacons has recently updated its guides to arbitration in Hong Kong and Mainland China. Progress and Conservatism in the Development of International Arbitration in China – the 2024 Draft Amendment to the PRC Arbitration Law On 8 November 2024, the Standing Committee of the 14th National People’s Congress released a draft Amendment to the PRC Arbitration Law (2024 Draft) for public comment.

Dispute Resolution Clauses That Work in China

This article looks at international arbitration laws in China, covering the legal framework, arbitral institutions, interim relief, awards and more. Since Chinese law does not prohibit such an arbitration clause, the Shanghai No. 1 Intermediate People’s Court ruled that the clause under which

9. Is there any reason why you think that arbitration rather than litigation might be advantageous in resolving disputes under the finance documents, and if so, why? Please outline the relative merits of arbitration and litigation, including the ease of enforcement of foreign judgments and foreign awards from different jurisdictions. This article seeks to give a simple and realistic guide to the extent to which party autonomy is recognized in international commercial arbitration in mainland China. Discover key insights into commercial arbitration law in China. Find out how recent changes can affect your business practices and legal strategies.

  • Commercial Arbitration: Hong Kong
  • Private wealth disputes in China and south-east Asia
  • A simple guide to Arbitration in Hong Kong

Are you looking for information on international arbitration law and rules in Hong Kong? In this CMS Expert Guide, we tell you everything about it.

When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the second of a multi-part

New Interim Arbitration Measures between Mainland China and Macau ...

Commercial Arbitration Last verified on Thursday 10th April 2025 Commercial Arbitration: Hong Kong Peter Yuen, Peter Chen Xiongchao and Arthur Lam Fangda Partners Infrastructure 1. Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations? Hong Kong Hong Kong is a Special Administrative Region (SAR)

这是为什么呢？ 当用mainland作定语修饰China的时候，China是中心词，意即“大陆中国”，暗含一层意思—— 还有其他中国，这与我方立场当然不符。 所以为了不落入西方话语的陷阱，我们在国际传播中不使用mainland China的说法。 Hong Kong has long been at the forefront of international arbitration developments. It enjoys a high degree of autonomy (except in defence and foreign affairs) and retains a separate legal system from that of mainland China. In many jurisdictions, ad hoc arbitration is not common. For example, in Mainland China, the Arbitration Law states that an arbitration agreement must designate an arbitration commission. Therefore, arbitration agreements providing for domestic ad hoc arbitrations are generally considered invalid in China.

  • Reforming the PRC Arbitration Law: Implications to Foreign Parties
  • Interim Measures Arrangement
  • A guide to international arbitration
  • Recognition and enforcement of foreign judgments, arbitral awards

Interim measures obtained from an emergency arbitrator or an arbitral tribunal in arbitral proceedings seated outside Mainland China are not enforceable by Mainland Courts. The Arrangement provides a means for parties to Hong Kong seated-arbitrations to seek interim measures from Mainland Courts. 2.2. Arbitration is a commonly used dispute resolution mechanism for Sino-foreign disputes in China. It is a key characteristic of the Chinese arbitration regime that PRC law draws a distinction between „foreign-related“ disputes (broadly, where one or more parties are domiciled or habitually reside outside mainland China, or where the subject matter of the dispute is outside mainland China) Overview of Arbitration in China in 2022: Openness, Breakthrough, Unification and Innovation 2022年中国仲裁概览：开放、突破、统一、求新 In 2022, arbitration in China is in line with the country’s development direction of opening up and has gradually come into line with international arbitration. China is also gradually unifying the standards for judicial supervision and

Further changes to the law governing mutual enforcement of arbitration awards in both China and the Hong Kong Special Administrative Region (HKSAR) are now in force. THE MANY ADVANTAGES of arbitration – expedition, cost-effectiveness, confidentiality and finality – require little introduction, but for the seven leading arbitration institutions in China’s legal market featured in this series, good is not good enough. These institutions are striving not just to out-compete one another for a larger share of the market; This article seeks to give a simple and realistic guide to the extent to which party autonomy is recognized in international commercial arbitration in mainland China. The fact that mainland Chinese law often forces parties to use mainland Chinese arbitration commissions makes it important not only to look at the legal position but also to consider the extent to which the rules

Publisher’s Note Global Arbitration Review is delighted to publish The Guide to M&A Arbitration. For those unfamiliar with GAR, we are the online home for international arbitration specialists, telling them all they need to know about everything that matters. Most know us for our daily news and analysis service. But we also provide more in-depth content: books and reviews; As a starting point, in Mainland China, arbitral tribunals are not empowered to grant interim measures. For arbitrations seated in Mainland China, a party making an interim measure application (usually called a preservation application) should first submit it to the arbitration commission administering the arbitration, which then passes the application on to the relevant

The document outlines the ICC Arbitration Clause, recommending its inclusion in contracts for dispute resolution. It provides a standard clause and options for customization, including provisions for emergency arbitration and expedited procedures. Additionally, it emphasizes the importance of clarity and compliance with applicable laws to ensure enforceability and effective Mainland China has embarked on a process of aligning its arbitration practice more to international norms, notably through the introduction of ad hoc arbitration. Introduction Hong Kong has the exclusive advantage of being the only common law jurisdiction that enjoys comprehensive support in arbitration through various reciprocal arrangements with China Mainland, covering the whole lifecycle of an arbitration from the commencement of arbitration to the enforcement of arbitral awards. This article examines the

Hong Kong and Singapore, with their close ties to Mainland China, continue to enjoy a unique advantage as preferred venues for arbitration in disputes involving mainland parties or mainland assets. Arbitration in Mainland China offers many of the same advantages as arbitration in other jurisdictions, with lower costs and faster resolution. Still, foreign parties rarely choose arbitration in Mainland China, and typically do so only in cases of necessity.

As the revision of the Arbitration Law of the People’s Republic of China (“PRC Arbitration Law”) progresses, ad hoc arbitration is gaining more attention in China. Previously, there was discussion on whether ad hoc arbitration will truly take root in the country. Recently, there have been notable advancements in the adoption of practical rules surrounding ad hoc

As the revision of the Arbitration Law of the People’s Republic of China (“PRC Arbitration Law”) progresses, ad hoc arbitration is gaining more attention in China.