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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
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Ad Hoc Arbitration in China (Paperback)
Loot Price: R1,282
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Ad Hoc Arbitration in China (Paperback)
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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.
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