'Drinking Poison to Quench Thirst': The Discriminatory Arbitral Award Enforcement Regime under Chinese Arbitration Law
Hong Kong Law Journal, Vol. 39, No. 2, pp.541-560, 2009
17 Pages Posted: 10 Sep 2010 Last revised: 30 Jan 2011
Date Written: March 9, 2009
Arbitration makes sense only when the award can be enforced satisfactorily. With the development of the Chinese economy, arbitration is becoming popular in China. Despite the progress and achievements China has made, the award enforcement regime under Chinese arbitration law is seriously defective due chiefly to the out-dated “dual-track system”, unsatisfactory enforcement of the New York Convention awards and prohibition of ad hoc arbitration. These measures make Chinese arbitration law increasingly discriminatory against domestic arbitration and lower courts, and consequently hurt the competitiveness of Chinese arbitration. To ensure the healthy development of Chinese arbitration, mere amendment of legislation is not enough; rather, a full-range judicial reform is needed.
Keywords: Award Enforcement, Chinese arbitration
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