ABSTRACT

Arbitration's traces can be found in various myths and legends in Western cultures. Evidence shows that arbitration was already used in Egypt as early as 1500 B.C. In both Greece and Rome, arbitration became a common method of dispute resolution. The history of arbitration in China went through two stages of development: the primitive stage and the modernization stage. After China had suffered grave losses in the two Opium Wars, Western powers forced the rulers of the Qing dynasty to open China to the world and to allow Chinese parties to engage in commercial activities with foreign businesses. Prior to the birth of the People’s Republic of China (PRC) Arbitration Law in 1994, provisions for foreign-related arbitration were frequent in Chinese laws, and they tried to follow standard international practices in arbitration. The current PRC Arbitration Law gives arbitration institutions, not the arbitration tribunals, the power to decide on arbitrability, or jurisdiction, matters.