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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Ad Hoc Arbitration in China


ISBN13: 9780815394501
Published: October 2018
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00



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Arbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions. The Arbitration Law of the People’s Republic of China, however, requires that parties appoint an arbitration institution in their arbitration agreement, otherwise an ad hoc arbitration agreement is invalid. This rule seems to preclude ad hoc arbitration under Chinese law, and threatens the validity of many arbitration agreements that are imperfectly drafted. Fortunately, however, this does not mean Chinese courts will never enforce an ad hoc arbitration agreement or an ad hoc arbitration award.

This book informs parties and practitioners of potential pitfalls related to ad hoc arbitration in China and offers practical guidance. It also conducts a comparative study of the history of arbitration in the western world and in China, to identify the reasons for this hostility to ad hoc arbitration, and calls for changes to this requirement under Chinese law.

Subjects:
Other Jurisdictions , China, Arbitration and Alternative Dispute Resolution
Contents:
1: Introduction
2. History of Arbitration in The West and in China Compared
3. A Legal Transplant Perspective
4. Enforceability of Ad Hoc Arbitration Agreements in China
5. Enforceability of Ad Hoc Arbitration Awards in China
6. Making Ad Hoc Arbitration Work in China
7. Rethinking Chinese Law’s Preclusion of Ad Hoc Arbitration
8. Towards the Full Legitimization of Ad Hoc Arbitration
9. Conclusion