Description

Arbitration is considered to be the most important dispute resolution method in international commercial transactions because of its characteristics of autonomy, neutrality, finality, confidentiality and international enforceability. Due to its historical limitations, the Arbitration Law of China failed to reflect the idea of supporting arbitration, including the over-rigidity validity regime of arbitral agreements. For the purpose of unifying criteria, avoiding the undue refusal for enforcement of international arbitration agreements the Supreme People’s Court (“SPC”) has made judicial efforts to relax the legislative rigidity and established the prior reporting system for judicial review of international arbitral agreements or awards. By reviewing over 200 SPC Replies and other related cases we can know the changing landscape of judicial review of international arbitral agreements. Also we can make some commentary on the SPC-led arbitration reform in China.

About The Speaker

Yuan Dujuan is Associate Professor from Law School of Shanghai University. She is also Secretary General of ADR & Arbitration Institute of Shanghai University. She is an arbitrator of Shanghai Arbitration Commission and Shanghai International Arbitration Center. She is now a visiting scholar in NUS LAW. She specializes in Chinese and international arbitration, and is currently working on an empirical research project about judicial review of arbitral awards in China. Previously she was a visiting scholar in University of California, Berkeley Law. She edited “The China Arbitration Report“ from 2012 till 2017 entrusted by the China Arbitration Law Research Association and CIETAC.