Jian ZHANG is the Director of The Research Center of International Commercial Dispute Settlement at CUEB. Jian holds a PhD in law (private international law) from China University of Political Science and Law (CUPL), the topic of his PhD dissertation is “Research on Jurisdictional Issues in International Investment Arbitration”. He was also a visiting scholar at the Swiss Institute of Comparative Law (ISDC), the Hague Academy of International Law (THAIL) and the International Institute for the Unification of Private Law (UNIDROIT). At present, Jian is working as a research scholar at the Supreme People’s Court of P. R. China, he focuses on the research of judicial review of international commercial arbitration and China’s developments on investor-state arbitration.
Jian Zhang 张建
Today, 15 Oct. 2020, the International Commercial Dispute Prevention and Settlement Organization (ICDPASO, 国际商事争端预防与解决组织) has been established in Beijing, China. As a non-governmental international organization, ICDPASO will provide legal services including commercial arbitration, commercial mediation, investment arbitration and dispute prevention for countries/regions around the globe.
As shown in Brentwood case (2020), arbitral awards rendered in Mainland China by foreign arbitral institutions can be enforced as foreign-related Chinese awards and shall be subject to the same stringent judicial review standards as Chinese arbitral awards.
The principle of finality under China's Arbitration Law is being challenged, with some Chinese arbitration institutions introducing the "optional appellate arbitration", which allows the parties to "appeal" in some cases.
How would Chinese courts view arbitral awards where foreign tribunals reject a force majeure claim connected to the coronavirus (COVID-19) pandemic?
Courts of Mainland China have accepted several applications from Hong Kong for interim reliefs in support of the arbitral proceedings since the 2019 Arrangement.
What can we expect from the 2019 Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of Hong Kong?
The Beijing Arbitration Commission Arbitration Rules implemented on 1st Sept. 2019 clearly divide the arbitration fees into the arbitrator's fees and the administration fees, which marks the first attempt of China's arbitration institutions in arbitration fees reform.
On what basis would Chinese courts examine the arbitral awards made by foreign arbitration institutions in mainland China, the New York Convention or Chinese domestic law? The answer is the latter.
Here comes the new policy! After establishing a business organization in mainland China, a foreign arbitration institution may conduct arbitration here.