Bridging the Gap Between Western and Chinese Arbitration Systems A Practical Introduction or Businesses

For good reasons, arbitration is the preferred process for resolving Sino-foreign commercial disputes. However, Chinese arbitration law and practice vary significantly from modern Western norms. Unwary non-Chinese businesses often run into serious trouble by including void or inappropriate arbitration clauses in their China-related contracts. This article seeks to provide a practical guide to the most important topics which tend to cause problems: (i) the scope which Chinese law gives for businesses to arbitrate offshore, (ii) what the Chinese onshore arbitration experience is really like and (iii) the possibilities which exist for varying the standard onshore arbitration experience with a view to making it closer to that typically found in leading arbitration centres.