Piercing the Veil of Arbitration Reform in China: Promises, Pitfalls, Patterns, Prognoses, and Prospects

被引:4
|
作者
Gu, Weixia [1 ]
机构
[1] Univ Hong Kong, Fac Law, Hong Kong, Hong Kong, Peoples R China
来源
AMERICAN JOURNAL OF COMPARATIVE LAW | 2017年 / 65卷 / 04期
关键词
D O I
10.1093/ajcl/avx040
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The promulgation of the China Arbitration Law in 1994 largely reformed and gave shape to the modern Chinese arbitration regulatory framework. However, since then, there has been little legislative improvement in meeting the changing needs. Instead, judicial efforts by China's Supreme People's Court and-institutional initiatives by Chinese arbitration commissions have further refined and internationalized the Chinese arbitration system,. Recent years have witnessed many changes in the Chinese arbitration landscape, particularly the formation, expansion, and complication of the Chinese arbitration market. This Article first critically examines the current regulatory framework and special features of the Chinese arbitration system, many of which promised in the China Arbitration Law, and often referred, to as "arbitration with Chinese characteristics." It then analyzes comprehensively arbitral developments of the past decade in order to pierce the veil of arbitration reform, in China, highlighting the pitfalls, patterns, prognoses, and. prospects. Finally, this Article identifies the "essential," and "highly recommended" ingredients in prospective reform proposals and examines the extent to which such, proposals can actually transform China into a, favorable international arbitration forum.
引用
收藏
页码:799 / 840
页数:42
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