When doing business with Chinese parties, foreign investors are wary of having to litigate in China due to the influence of local powers in the judicial process. Even the enforcement of foreign judgments bears significant uncertainty. In light of this, arbitration is a better option for foreign investors to resolve disputes in China. This article aims to provide a straightforward guide to the negotiation of arbitration agreements with Chinese parties. It provides an analysis of key provisions of Chinese arbitration law, highlights the distinctive features of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules, and provides solutions to the various restrictions of Chinese arbitration law and practice.
Journal of International Arbitration