China's 2017 Reform of Its Arbitration-Related Court Review Mechanism with a Focus on Improving Chinese Courts' Prior-Reporting System

被引:0
|
作者
Tao, Jingzhou [1 ,2 ,3 ,4 ,5 ]
Zhong, Mariana [6 ]
机构
[1] Dechert LLP China, Hong Kong, Hong Kong, Peoples R China
[2] Int Advisory Board HKIAC, Hong Kong, Hong Kong, Peoples R China
[3] Advisory Comm CIETAC, Hong Kong, Hong Kong, Peoples R China
[4] China Univ Polit Sci & Law, East China Univ Polit Sci & Law, Peking Univ Law Sch, MBA Program, Beijing, Peoples R China
[5] Tsinghua Univ, Sch Law, Law Int Arbitrat Program, Beijing, Peoples R China
[6] Dechert LLP, Hong Kong, Hong Kong, Peoples R China
来源
JOURNAL OF INTERNATIONAL ARBITRATION | 2018年 / 35卷 / 03期
关键词
D O I
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中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The Chinese Supreme People's Court has devoted relentless efforts into reforming China's arbitration regime, before a formal amendment of the PRC Arbitration Law is put on the National People's Congress's legislative agenda. In order to address several outstanding issues including the 'dual-track review system' existing in Chinese courts' review process of domestic and foreign/foreign-related arbitrations, the Supreme People's Court (SPC) issued several judicial documents including two judicial interpretations in 2017, focusing on regulating and unifying Chinese courts' review of parties' applications relating to the validity of arbitration agreements, enforcement and/or set-aside of arbitral awards. This reform further aligns Chinese arbitration with international practices, and sends a strong signal to the international arbitration community about China's commitment to evolve into an arbitration-friendly environment.
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页码:371 / 378
页数:8
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