Supreme Courts and Arbitration: China

Dr Kun Fan, 'Supreme Courts and Arbitration: China' (2019) 2019 b-Arbitra|Belgian Review of Arbitration, Issue 2, pp. 587–613

27 Pages Posted: 14 Nov 2019

See all articles by Kun Fan

Kun Fan

Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre

Date Written: June 1, 2019

Abstract

This contribution discusses the structure of China’s judicial system and the way that its constituent courts interact in the field of arbitration. In particular, it examines the multiple roles played by the Supreme People’s Court. Through the issuing of judicial interpretations and publication of guiding cases, the Supreme People’s Court has an important role in filling the gaps in China’s arbitration legislation. In addition, the “Report and Approval” system, by which lower court decisions finding an arbitration agreement invalid, or setting aside or refusing to recognize or enforce an award, are subject to review by the Supreme People’s Court, thereby reducing the risk of lower court corruption and protectionism, has been key to the development of international arbitration in China. Finally, the Supreme People’s Court’s creation of the China International Commercial Court (CICC) as a “one-stop” centre for international dispute resolution is an important part of China’s Belt and Road policy.

Keywords: Supreme People's Court, China International Commercial Court, Dispute Resolution, Arbitration, Report and Approval

JEL Classification: K00, K1, K33, K40, K39, K49

Suggested Citation

Fan, Kun, Supreme Courts and Arbitration: China (June 1, 2019). Dr Kun Fan, 'Supreme Courts and Arbitration: China' (2019) 2019 b-Arbitra|Belgian Review of Arbitration, Issue 2, pp. 587–613, Available at SSRN: https://ssrn.com/abstract=3480909

Kun Fan (Contact Author)

Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre ( email )

UNSW Law
Sydney, NSW 2052
Australia

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