Volume 16 (2014)

Volume 16 (2014) / Issue 3

Stephen Wong, Alfred Wu, 'Know Your Game with Foreign and Foreign-Related Arbitrations in China – Part 1' (2014) 16 Asian Dispute Review, Issue 3, pp. 108–113

Abstract

This article explores, by reference to legislation and Supreme People's Court judicial interpretations, ways in which Mainland parties to foreign-related arbitration agreements can seek to prevent arbitration by means of applications to the People's Courts under the PRC Arbitration Law to determine the validity of arbitration agreements and the commencement of actions before the People's Courts under the PRC Civil Procedure law, notwithstanding the existence of arbitration agreements. Part 2 of the article, which will be published in the October 2014 edition of Asian DR, will discuss (inter alia) how the Supreme People's Court has in the past dealt with conflicts between a foreign law governing an arbitration agreement and PRC law.

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ISSN: 1469-6487
ID: ADR2014028