Supreme Courts and Arbitration: China - b-Arbitra | Belgian Review of Arbitration View Supreme Courts and Arbitration: China by Kun Fan - b-Arbitra | Belgian Review of Arbitration Supreme Courts and Arbitration: China Kun Fan 2019 2

Summary

 

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.

b-Arbitra | Belgian Review of Arbitration