Is Chinese Arbitration Act Truly Arbitration-Friendly? Determining the Validity of Arbitration Agreement Under Chinese Law

Asian International Arbitration Journal, Vol. 4, No. 1, pp.104-120, 2008

17 Pages Posted: 10 Sep 2010 Last revised: 30 Jan 2011

See all articles by Manjiao Chi

Manjiao Chi

UIBE - Center for Int'l Economic Law & Policy (CIELP), Law School,

Date Written: September 9, 2008

Abstract

This article mainly discusses three major issues in relation to the validity of arbitration agreements under Chinese Arbitration Act (CAA). In addition to the introduction part, Part II and Part III of this article concentrate on the formal requirement and the mandate substantive requirements of arbitration agreements respectively, and Part IV deals with the challenge to the validity of arbitration agreements. The aim of this article is to provide an explanation of CAA provisions relating to arbitration agreements, analyze their defects, explore the methods to improve these provisions in order to help remove unnecessary concerns and serve as references for future amendment work of CAA.

Keywords: Chinese Arbitration Law, UNCITRAL Model Law, Arbitration Agreement

Suggested Citation

Chi, Manjiao, Is Chinese Arbitration Act Truly Arbitration-Friendly? Determining the Validity of Arbitration Agreement Under Chinese Law (September 9, 2008). Asian International Arbitration Journal, Vol. 4, No. 1, pp.104-120, 2008, Available at SSRN: https://ssrn.com/abstract=1674277

Manjiao Chi (Contact Author)

UIBE - Center for Int'l Economic Law & Policy (CIELP), Law School, ( email )

10, Huixin Dongjie
Changyang District
Beijing, Beijing 100029
China

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