Application of the Unidroit Principles in China: Successes, Shortcomings and Implications

Uniform Law Review, Vol. 15, pp. 5-35, 2010

32 Pages Posted: 12 May 2011

See all articles by Manjiao Chi

Manjiao Chi

Xiamen University - Law School

Abstract

The purpose of this Article is to explore application of the Principles in China, based on the comparative study of relevant Chinese law provisions and case study of the reported judicial and arbitral practices. The Article firstly summarizes several situations where the Principles may be applied as suggested by their preamble (Part II). It then discusses the impacts of the Principles on Chinese contract law and application of the Principles in China by legislative practices (Part III), party autonomy (Part IV), judicial practices (Part V) and arbitral practices (Part VI) respectively. In the conclusion part (Part VII), the Article observes that, despite the achievements Chinese contract law has made, there still exist various restrictions on application of the Principles in China, which calls for timely improvement of relevant Chinese laws and practices, particularly a more autonomous arbitration regime.

Suggested Citation

Chi, Manjiao, Application of the Unidroit Principles in China: Successes, Shortcomings and Implications. Uniform Law Review, Vol. 15, pp. 5-35, 2010, Available at SSRN: https://ssrn.com/abstract=1674343

Manjiao Chi (Contact Author)

Xiamen University - Law School ( email )

422 South Siming Road
Xiamen, Fujian 361005
China

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