Ad Hoc Arbitration in China

Tietie Zhang

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Paperback

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English

Routledge
30 June 2020

International arbitration; Arbitration, mediation & alternative dispute resolution; Commercial law

Arbitration 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.

By: Tietie Zhang
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9780367584535
ISBN 10: 0367584530
Pages: 160
Publication Date: 30 June 2020
Audience: College/higher education , Primary
Format: Paperback
Publisher's Status: Active

"Tietie ""Frank"" Zhang is a Lecturer in Corporate and Commercial Law at the University of Sheffield School of Law."