CHINA'S FOREIGN-RELATED ARBITRATION

Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China’s

Several Controversial Issues on Judicial Review of Foreign-Related Arbitration in China: From the Perspective of the Amendment to the Arbitration Law

With the continuous development of China's market economic system,the arbitration judicial review system based on the Arbitration Law promulgated in 1994,including the dual-track review of foreign-related and domestic cases,and the dual-supervision on procedural and substantive matters,has shown some issues that need to be studied and solved in practice.On July 30,2021,the Ministry of Justice officially announced the Arbitration Law of the People's Republic of China(Amendment)(Draft for Comment),which unified the provisions on setting aside domestic and foreign-related arbitrament,and partially revised the scope of judicial review.However,heated debate arose and many problems remained unsolved such as the setting of the scope of supervision on foreign-related arbitration cases,how to grasp the principles of procedural review,and how to place the substantive supervision after the dual-track systems were changed into unified ones.Based on the Draft for Comments,this paper analyzes several prominent issues at present,and puts forward suggestions such as expanding the criteria for identifying foreign-related factors,converging to the original supervision scope of foreign-related arbitration,adhering to the principle of procedural review,and permitting the parties concerned to agree on the scope of supervision to maximize respect for the autonomy of the will of parties,so as to build a judicial supervision mechanism for commercial arbitration betterfitting into the era.

Rethinking Foreign-Related Element and Ad Hoc Arbitration:Evolution of the Supreme People’s Court(SPC)’s Attitude

中国法律体系下,选择国际仲裁作为争议解决方式的当事人面临两个疑难问题。一是在何种情形下双方可以就其争议选择境外仲裁机构解决纠纷;二是在何种情形下双方订立的临时仲裁协议会被有管辖权的人民法院认定为有效。中国《仲裁法》和《民事诉讼法》明确规定,仅具有涉外因素的案件可以提交境外仲裁机构仲裁,而当事人（除在中国自贸区注册的外商独资企业外）在中国大陆订立的临时仲裁协议尚属无效。随着中国成为国际仲裁界的重要一员,最高人民法院也通过梳理一系列典型仲裁案例,扩大对涉外因素的认定范围并出台认定临时仲裁协议有效的新标准。本文将系统分析最高人民法院对涉外因素和临时仲裁之态度的演进过程。

The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law

The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.

Legal Thoughts onthe Trial Methods of Arbitral Tribunal fromthe Perspective of International Arbitration-Suggestions of RevisionTrends on the Article 3 9 , 40 of Chinese Arbitration Act

中国《仲裁法》颁布二十多年来,从时代演进的角度分析,现行仲裁程序的立法条款对仲裁庭仲裁权的行使已构成桎梏,亟待革新。现行《仲裁法》第3 9 条与第40 条分别是关于仲裁审理方式与仲裁不公开原则的规定,其对书面审理抑或开庭审理方式的设定未能凸显仲裁庭裁量权,而对仲裁保密性的限度未能确立保密义务人的范畴,显得僵化,无益于仲裁的灵活性与自治性优势的发挥.为提升我国仲裁的国际化,相关部门有必要重视仲裁法修订的问题.

A Note on Authentication Codes with Arbitration

By use of partially balanced t-designs (v,b, k;λ,0) that is constructed by the rational normal curves given by [5] and the Cartesian product given by [4],an authentication code with arbitration is constructed and its probability of success of attacks by the transmitter, the receiver and the opponent is obtained in this paper.

Handling Corruption in International Commercial Arbitration

Corruption is defined as abuse of entrusted power for private gain.~①Transparency International Corruption Perceptions Index 2014 shows that among 175 countries/territories in the world,"not one single country gets a perfect score and more than two-thirds score below50,on a scale from 0(highly corrupt)to 100(very clean)".~②The sectors most seriously affected by corruption include public procurement,construction and estate,energy,pharmaceutical and health care,transportation,etc.

A PRIORITY-BASED POLLING SCHEDULING ALGORITHM FOR ARBITRATION POLICY IN NETWORK ON CHIP

A solution is imperatively expected to meet the efficient contention resolution schemes for managing simultaneous access requests to the communication resources on the Network on Chip (NoC). Based on the ideas of conflict-free transmission, priority-based service, and dynamic self-adaptation to loading, this paper presents a novel scheduling algorithm for Medium Access Control (MAC) in NoC with the researches of the communication structure features of 2D mesh. The algorithm gives priority to guarantee the Quality of Service (QoS) for local input port as well as dynamic adjustment of the performance of the other ports along with input load change. The theoretical model of this algorithm is established with Markov chain and probability generating function. Mathematical analysis is made on the mean queue length and the mean inquiry cyclic time of the system. Simulated experiments are conducted to test the accuracy of the model. It turns out that the findings from theoretical analysis correspond well with those from simulated experiments. Further more, the analytical findings of the system performance demonstrate that the algorithm enables effectively strengthen the fairness and stability of data transmissions in NoC.

Foreign-Related Tax Policy and Regime and Its Tendency of Development

China’s foreign--related tax system was established and developed in theprocess of deepening the reform and opening to the outside world begin-ning in 1979. Since the Third Plenary Session of the Eleventh CentralCommittee of the Chinese Communist Party, to meet the demands of thenew situation of opening to the outside world, several laws were promul-

On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission

The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council

Promoting the Education of Legal Professionals for International Arbitration in China--The 15th CIETAC Cup Had Record Number of New Participants

On November 20 to 24, 2017, the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition, hosted by the China International Economic and Trade Arbitration Commission （CIETAC）, was held in Beijing. Wang Chengjie,

A construction of authentication codes with arbitration based on orthogonal spaces

In this paper we give a new construction of authentication codes with arbitration using orthogonal spaces. Some parameters and the probabilities of successful attacks are computed.

A Study on the Building of an Online Arbitration Mechanism for Settling Trade Disputes Along the Belt and Road

As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along the Belt and Road, both traditional litigation and arbitration are faced with many legal and realistic challenges brought about by the complicated situations along the Belt and Road. Given this, building an online arbitration mechanism for settling trade disputes along the Belt and Road in the context of the Internet economy has been proposed. Traditional litigation is faced with a range of laws from different states, as well as the impact of huge differences in the national political systems, economic strengths and legal cultures regarding specific cases. An online arbitration mechanism may be capable of effectively mitigating the laws of the various states and the impact of the differences between them. Additionally, applying "virtual space" to arbitration is in line with the Internet economy's intrinsic need for higher speed and efficiency. Building an online arbitration mechanism for settling trade disputes along the Belt and Road is also a crucial manifestation of diversifying dispute settlement mechanisms.

Arbitration in Maritime Disputes

Prevailing maritime relations in the present era resort to arbitration to resolve arising disputes where parties of these relations should agree on the solution to the current or future conflicts arising from them to a specialist arbitrators of their choice known for their competence and experience in the maritime field to adjudicate the provisions of the arbitration binding. Maritime arbitration grew since the time of the Romans, and spread to the Middle Ages as a simple, flexible and specialized system to resolve maritime disputes, but it gained popularity in the present era as a result of booming international trade and commerce between different countries where this trade found that shipping is the best way among different means of transportation for its low costs and the large volume of cargo transported by it. Marine disputes submitted for arbitration are many and varied, some of which comes from the contract between the stakeholders and others arising from maritime accidents, and examples of the first group is the shipbuilding, repair, sold, leased and insured contracts, the transport of goods or people contracts, marine sales contracts as well as the diameter of maritime contracts. The second group is maritime collision, Assistance and Rescue and the settlement of joint naval losses. London and New York are considered of the most cities in the world that embrace this type of arbitration followed by Paris and Tokyo. In London alone there are more than four hundred nautical arbitration rulings in each year.

FOREIGN-RELATED LEGISLATION AND

Since the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China(CPC)in 2014,several foreign-related laws have been enacted or amended.What are their main aims?What role do they play in regulating foreign-related issues?Here’s a rundown.

Foreign Economic and Trade Arbitration Cases

In the last decade as more and more foreign-related commercial disputes have emerged, the China International Economic and Trade Arbitration Commission and the China Maritime Arbitration Commission have been among the world’s major commercial arbitration centres. They play an independent and fair role in handling cases, and this has recognized worldwide. From this issue, we will introduce some cases handled by the two arbitration commissions to help our readers have a better understanding of China’s foreign arbitration practices and to promote the healthy development of international commercial cooperation.