ABSTRACT

It has been noted that among various ways of settling business disputes in China, arbitration has become a preferred means for resolving trade and investment disputes between Chinese and foreign parties. Although promulgated as a milestone in China’s arbitration history, after more than a decade of practice, the China Arbitration Law (AL) has been criticized as being much tainted by local standards and insuffi cient with respect to protection of party and tribunal autonomy. Recent years have seen many changes in the regulatory landscape of Chinese arbitration, particularly those led by the China International Economic Trade Arbitration Commission (CIETAC) and Supreme People’s Court (SPC). This chapter probes into those most recent reforms and tests the extent to which they have actually improved the situation.