Arbitration Act, Arbitration Agreements, Arbitration institution, Belt Road Initiative, China, judicial review
Are Non-binding Arbitration Agreements Enforceable Under PRC Law?
A key characteristic of an international commercial arbitration award is its binding nature, although parties may still consent to non-binding arbitration. A consent to non-binding arbitration is problematic when the applicable law explicitly prescribes arbitration to be binding. Mainland China is such a jurisdiction. Thus, the issue of the validity of a non-binding arbitration agreement…