China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPC Releases 36th Batch of Guiding Cases

Mon, 30 Jan 2023
Categories: China Legal Trends

In December 2022, China’s Supreme People’s Court (SPC) released six cases on judicial review of arbitration as the 36th batch of guiding cases.

These cases are numbered from 196 to 201 and establish the following rules:

Case No.196: Where the parties negotiate an arbitration clause and reach an agreement on submission to arbitration when concluding the contract, whether the contract is formed shall not affect the formation and validity of the arbitration clause.

Case No.197: A party shall be deemed to have accepted the jurisdiction of the arbitral tribunal over the case if the party fails to challenge the validity of the arbitration agreement prior to the arbitral tribunal’s first hearing.

Case No. 198: The actual constructor is not a party to the construction contract between the construction employer and the contractor, and has not entered into a valid arbitration agreement with the construction employer and the contractor. Therefore, the actual constructor shall not be bound by the arbitration agreement between the construction employer and the contractor.

Case No.199: An arbitral award which orders the respondent to pay compensation in U.S. dollars equivalent to the value of Bitcoin, and then converts the amount in U.S. dollars into that in RMB provides disguised support of the exchange between Bitcoin and legal tender. This is in violation of China’s financial regulatory provisions on virtual currency and against the public interest. The court shall rule to set aside the arbitral award.

Case No.200: If an arbitration agreement provides for the resolution of disputes by expedited arbitration, without explicitly specifying an arbitration institution, an ad hoc arbitration tribunal may make an award.

Case No.201: A dispute settlement decision made by the internal dispute resolution agency of an international sports federation is not a foreign arbitral award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention).

For more information on the “Guiding Cases”, please read the following posts:

 

 

Cover Photo by Road Trip with Raj on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

2023 Asia-Pacific Regional Arbitration Group Conference Opens in Beijing

In November 2023, the 2023 Asia-Pacific Regional Arbitration Group Conference (APRAG) kicked off in Beijing, focusing on international arbitration amid changing times, with China's Ministry of Justice announcing plans for an International Commercial Arbitration Center pilot project and Beijing's commitment to providing comprehensive legal services.

Apostille Convention Comes into Effect in China

In November 2023, the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille Convention) came into effect in China, streamlining cross-border document procedures with 125 countries and eliminating the need for consular legalization for foreign-related public documents.

SPC Reports 9.12% Rise in Cases, Surges in Key Areas

In October 2023, China’s Supreme People’s Court (SPC) released key judicial data from January to September 2023, showing notable rises in non-motor vehicle traffic accident disputes, international commercial cases, and intellectual property disputes.

SPP Releases Typical Cases to Prevent Financial Investment Fraud

In October 2023, China's Supreme People’s Procuratorate (SPP) released seven typical financial investment fraud cases, aiming to boost public awareness and safeguard assets by exposing common scams in areas such as funds, foreign exchange, stocks, futures, and insurance.