1. CHALLENGES AND OPPORTUNITIES OF CHINESE INTERNATIONAL ARBITRAL INSTITUTIONS AND COURTS IN A NEW ERA OF CROSS-BORDER DISPUTE RESOLUTION.
- Author
-
Li, Annie X.
- Subjects
INTERNATIONAL arbitration ,DISPUTE resolution ,DOMESTIC courts & international law ,ARBITRATION & award ,LIBERTY - Abstract
The number of Chinese cross-border international arbitrations has grown tremendously in the past decade. The expansive scope of China's "Belt & Road" transactions signals a further acceleration of Chinese involvement of the crossborder dispute resolutions. This paper examines how could Chinese mainland international arbitral institutions better compete with popular international arbitral institutions that actively seek to arbitrate Belt & Road disputes, such as the Hong Kong International Arbitration Centre (HKIAC), Singapore International Arbitration Centre (SIAC) and International Chamber of Commerce (ICC), through proactive reforms. First, the neutrality of Chinese international arbitral institutions should be fostered by standardizing and modernizing arbitration rules through the adoption of the UNCITRAL Model. Second, Chinese domestic courts should cooperate with the arbitral institutions to publish a track record of Chinese courts' recognition and enforcement of foreign arbitral awards against the Chinese party's assets in mainland China. Third, China should utilize the distinct legal systems of the mainland and Hong Kong to attract arbitrations to the China International Economic and Trade Arbitration Commission's (CIETAC) Hong Kong sub-commission in the transitional period of the Chinese domestic arbitration reform. Fourth, Chinese courts' recognition and enforcement of foreign court judgment under the principle of reciprocity should be recognized and encouraged as a constructive liberation of the Chinese judicial system. [ABSTRACT FROM AUTHOR]
- Published
- 2020