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.
Arbitration in China
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.
In China, courts in Lin-gang Special Area of Shanghai Pilot Free Trade Zone will take a far more liberal attitude than other local courts when hearing international commercial disputes.
As an arbitrator, I prepared a checklist as practice notes for the arbitration tribunals to examine arbitration claims.
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.
In China, the types of contract-based claims are stipulated by law, and different types of claims together establish a claim system. Arbitrators should identify the types of claims made by the parties.
A recent CIETAC case is the first and, to date, the only reported case where the UNIDROIT Principles are applied by a Chinese arbitration institution.
Beijing Fourth Intermediate People's Court's statistical report on the judicial review of arbitration gives us a glimpse of how Chinese courts review cases related to China's top arbitration institutions.
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?