Is China opening doors to international arbitration?

By Anne Yuan & Yuan Shen, Boss & Young
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In the past three decades, China has opened its doors to the global community and increasingly become a major player in the international marketplace. The central government’s attitude towards arbitration, especially international arbitration, is gradually becoming more liberal. This is especially apparent in the past few years, with deep reforms taking place.

Anne Yuan
Anne Yuan

The attitude of the judicial arm of the Chinese government towards international arbitration institutions is also becoming more liberal. In 2015 and 2016, the Hong Kong International Arbitration Centre (HKIAC) and the Singapore International Arbitration Centre (SIAC) set up representative offices in Shanghai. In 2013, the Supreme People’s Court (SPC) affirmed in its reply to the Anhui High People’s Court that foreign arbitration institutions are arbitration commissions under article 16 of the Arbitration Law of the People’s Republic of China.

This affirmation clarifies that it is legitimate for foreign arbitration institutions to provide their services and hold arbitration proceedings in China. The establishment of representative offices by the HKIAC and the SIAC seems to be a direct response to this clarification.

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ANNE YUAN is a partner and director with the International Department of Boss & Young in Shanghai and YUAN SHEN is an associate with the same department

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