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

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