Weixia Gu
Contemporary Asia Arbitration Journal
2017, Issue 10, pp. 257-291
Contemporary Asia Arbitration Journal
2017, Issue 10, pp. 257-291
Abstract: In the process of developing arbitration in Mainland China,
there are three important landmarks dividing the development into
three phases.
The Arbitration Law in Mainland China was promulgated in
1994 taking effect in 1995. As such, the first phase has been
chronicled as between 1995 and 2006. This initial stage is
characterized by the unitary system of institutional arbitration and
the denial of ad hoc as well as foreign arbitration.
In the second phase which is between 2006 and 2015, the
position has been pushed forward by some recent reforms. In
particular, the operation of foreign arbitral institutions seated in
Mainland China has been relaxed in two recent cases, i.e., the
Duferco case in 2009 and the Longlide case in 2013. Moreover the institutional arbitration market in Mainland China has been
developed during this period as driven by not only the dramatic
CIETAC split episode in 2013 but also the intensified competitions
among local arbitration commissions in the past several years.
The third phase is triggered by the issuance of the SPC
Opinions on Providing Judicial Safeguard to the Construction of
Free Trade Zones in 2016. The 2016 SPC Opinion is interpreted as
limitedly granting validity of ad hoc arbitration and further
promoting foreign institutional arbitration in Mainland China, both
of which represent the latest development trend in the landscape of
Mainland Chinese arbitration.
Focusing on the development of institutional, ad hoc and
foreign institutional arbitration in Mainland China, this Article
takes a law and development perspective in analyzing the nature of
Mainland Chinese arbitration, probes into the distinctions of
development path and predicts into the future of development
trajectory.
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