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 C...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展开更多
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 dome...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.展开更多
It’s a golden season of harvest during which it was a fine autumn weather with the pale clouds and a light breeze blowing in September in Beijing. The China International Economic and Trade Arbitration Commission and...It’s a golden season of harvest during which it was a fine autumn weather with the pale clouds and a light breeze blowing in September in Beijing. The China International Economic and Trade Arbitration Commission and China Maritime Arbitration Commission held a forum of arbitrators on 26 to 28 September 2001s dealing with arbitrate work in a beautiful landscape place, Kuan Gou, a suburb in Beijing. Mr. Yu Xiaosong, the Chair- man of China Council for Promotion of International Trade/China Chamber of International Commerce, China Intemational Economic and Trade Arbitration Commission and China Maritime Arbitration Commission, gave a talk at the forum stressed that the development of arbitration cause in China should be marched with ticccccccccmes and adapted to the fast development in the situations both of home and abroad. Mr. Yu Xaosong’s talk put forward a kind of principles for the development of the arbitration cause in China, a part of which, we publish part of it here as a reference for the arbitrate circle colleagues.展开更多
文摘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
文摘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.
文摘It’s a golden season of harvest during which it was a fine autumn weather with the pale clouds and a light breeze blowing in September in Beijing. The China International Economic and Trade Arbitration Commission and China Maritime Arbitration Commission held a forum of arbitrators on 26 to 28 September 2001s dealing with arbitrate work in a beautiful landscape place, Kuan Gou, a suburb in Beijing. Mr. Yu Xiaosong, the Chair- man of China Council for Promotion of International Trade/China Chamber of International Commerce, China Intemational Economic and Trade Arbitration Commission and China Maritime Arbitration Commission, gave a talk at the forum stressed that the development of arbitration cause in China should be marched with ticccccccccmes and adapted to the fast development in the situations both of home and abroad. Mr. Yu Xaosong’s talk put forward a kind of principles for the development of the arbitration cause in China, a part of which, we publish part of it here as a reference for the arbitrate circle colleagues.
