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
Date Written: June 1, 2019
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: Suggested Citation