APPLICABLE LAWS TO ARBITRATION AGREEMENTS UNDER CURRENT ARBITRATION LAW AND PRACTICE IN MAINLAND CHINA. Issue 3 (17th July 2014)

• Record Type: Journal Article
• Authors: Yang, Fan
• Is Part Of: International and comparative law quarterly. Volume 63:Issue 3(2014)
• Page Start: 741
• Page End: 754
• Publication Date: 2014-07-17
• Subjects: applicable law, -- arbitration agreements, -- Chinese law, -- comparative law, -- recognition and enforcement; International law -- Periodicals; Comparative law -- Periodicals; 340.2
• DOI: 10.1017/S0020589314000207
• Languages: English
• ISSNs: 0020-5893

Abstract

Abstract: This article examines the recent development of mainland Chinese law and judicial practice regarding the law applicable to arbitration agreements. It identifies potential changes to mainland Chinese law and practice that may help to further develop the People's Republic of China (PRC) into a truly international-arbitration-friendly jurisdiction. It argues that in the absence of explicit statutory provisions and a consistent approach in the People's Courts to the determination of the place of arbitration and the law applicable to arbitration agreements, it is important for parties negotiating arbitration clauses with a seat in China and/or for contracts involving mainland Chinese elements to explicitly designate the place of arbitration as well as the law governing their arbitration agreements.