Prospects of Foreign Arbitration Institutions Administering Arbitration in China

Summary

This article asks whether foreign arbitral institutions can lawfully administer arbitrations seated in mainland China, a question that had created growing uncertainty among practitioners and users. It reviews the relevant provisions of Chinese arbitration law, identifies the legal problems that may arise when an institution based outside China manages a China-seated case, and examines how Chinese courts have treated the resulting awards, including their classification and enforceability. It points out the regulatory obstacles remaining at the time and assesses the prospects for foreign institutions in arbitration within China.