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OverviewArbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions. The Arbitration Law of the People’s Republic of China, however, requires that parties appoint an arbitration institution in their arbitration agreement; otherwise an ad hoc arbitration agreement is invalid. This rule seems to preclude ad hoc arbitration under Chinese law and threatens the validity of many arbitration agreements that are imperfectly drafted. Fortunately, however, this does not mean Chinese courts will never enforce an ad hoc arbitration agreement or an ad hoc arbitration award. This book informs parties and practitioners of potential pitfalls related to ad hoc arbitration in China and offers practical guidance. It also conducts a comparative study of the history of arbitration in the Western world and in China, to identify the reasons for this hostility to ad hoc arbitration and calls for changes to this requirement under Chinese law. Full Product DetailsAuthor: Tietie ZhangPublisher: Taylor & Francis Ltd Imprint: Routledge Weight: 0.453kg ISBN: 9780367584535ISBN 10: 0367584530 Pages: 160 Publication Date: 30 June 2020 Audience: College/higher education , Tertiary & Higher Education Format: Paperback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsForeword Acknowledgments 1 Introduction 2 A history of legal transplant 3 Enforceability of ad hoc arbitration agreements in China 4 Enforceability of ad hoc arbitration awards in China 5 Making ad hoc arbitration work in China under its current law 6 A system calling for change 7 Re-thinking China’s ad hoc arbitration legal framework 8 Conclusion Appendices IndexReviewsAuthor Information"Tietie ""Frank"" Zhang is a Lecturer in Corporate and Commercial Law at the University of Sheffield School of Law." Tab Content 6Author Website:Countries AvailableAll regions |
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