Arbitration Award, Chinese Arbitration Law, Enforcement

(Arnold & Porter), (JunHe LLP), and / /Leave a comment

It is well-recognized in the world of international arbitration that the curial courts—those at the seat of the arbitration—have supervisory jurisdiction over their local arbitral proceedings (the so-called “seat standard”). Despite this, Chinese courts have historically been reluctant to take on the mantle of this supervisory jurisdiction for arbitrations administered by foreign arbitration institutions within…

Arbitral seat, Arbitration Agreement, Arbitration institution, China, Recognition and enforcement of arbitral award

(Arnold & Porter) and (JunHe LLP)/ /Leave a comment

In any arbitration, the parties’ choice of seat normally determines the legal regime under which an arbitration is conducted and any award is enforced.1)At the beginning of her career, Tereza was a tribunal secretary to Dr. Jane Willems in her role as sole arbitrator in the arbitration case at hand: Brentwood Industries, Inc. v. Guangdong…

Arbitral seat, Arbitration Agreement, Arbitration institution, China, Recognition and enforcement of arbitral award

(Arnold & Porter) and (JunHe LLP)/ /Leave a comment

In Part I of our post, we discussed the long-standing uncertainties existing in China about what legal regime governs arbitrations administered by foreign arbitral institutions.1)At the beginning of her career, Tereza was a tribunal secretary to Dr. Jane Willems in her role as sole arbitrator in the arbitration case at hand: Brentwood Industries, Inc. v….