摘要
This paper focuses on Chinese courts’approach toward non-signatory issues through a detailed description of 5 cases of representative value.The conclusions are threefold.First,nonsignatories cannot be brought into arbitration proceedings without their consent.And it seems that the consent also needs to be explicit.Second,when an arbitral award has to be annulled by reason of the non-signatory pro blem s,Chinese courts would examine whether the award can be divided into different parts and if so, whether the parts that have nothin g to do with the non-signatories can be maintained and enforced.Third,when non-signatory issues arise in an arbitration implicating a local Chinese government,it seems that Chinese courts would,as in ordinary cases involving nonsignatories,examine the case by employing the indispensable tool,namely the'consent',and would not annul the award just because the case im plicates a local government which intends to have the award annulled.
This paper focuses on Chinese courts’approach toward non-signatory issues through a detailed description of 5 cases of representative value.The conclusions are threefold.First,nonsignatories cannot be brought into arbitration proceedings without their consent.And it seems that the consent also needs to be explicit.Second,when an arbitral award has to be annulled by reason of the non-signatory pro blem s,Chinese courts would examine whether the award can be divided into different parts and if so, whether the parts that have nothin g to do with the non-signatories can be maintained and enforced.Third,when non-signatory issues arise in an arbitration implicating a local Chinese government,it seems that Chinese courts would,as in ordinary cases involving nonsignatories,examine the case by employing the indispensable tool,namely the"consent",and would not annul the award just because the case im plicates a local government which intends to have the award annulled.
出处
《仲裁研究》
2019年第2期76-91,共16页
Arbitration Study
