Part 2 of this article discusses (inter alia) how the Supreme People’s Court has dealt with conflicts between a foreign law governing an arbitration agreement and PRC law, and how the Law on the Application of Law for Foreign-Related Civil Relations, which came into effect in April 2011, affects the Court’s approach to this question. Part 1, which was published in the July 2014 issue, explored the means by which Mainland parties to foreign-related arbitration agreements can seek to prevent arbitration by applying to the People’s Court to determine the validity of arbitration agreements or commencing actions before them in respect of disputes that are the subject of arbitration agreements.
Asian Dispute Review