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  4. Vol 2, Issue 3, 2023

Legal Issues Related to Access to Overseas Arbitration Institutions

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DOI: 10.23977/law.2023.020309 | Downloads: 16 | Views: 381

Author(s)

Yanxi Yan 1, Le Peng 1, Qianyu Ge 1

Affiliation(s)

1 Southwest University of Political Science & Law, Chongqing, 401120, China

Corresponding Author

Yanxi Yan

ABSTRACT

In the context of economic globalization and internationalization, the construction of an arbitration center has also been put on the agenda. All countries in the Asia-Pacific region, including China, have opened the arbitration market accordingly. In recent years, China has also encouraged the entry of overseas arbitration institutions, but there are still some urgent problems to be solved. For example, relevant arbitration by two types of overseas arbitration institutions will lead to disputes and discussions. That is to say, arbitration by, for example, two types of overseas arbitration institutions will cause disputes and discussions. That is, arbitration by overseas arbitration institutions in China is found to have no legal effect, although China has set up relevant pilot areas for testing. However, this paper aims to explore the legal framework of overseas arbitration institutions in China, which is the main obstacle to the smooth arbitration of overseas arbitration institutions in China. This paper aims to expound the development status, access standards and obstacles of overseas arbitration institutions in China, so as to put forward their own views and suggestions. This paper aims to expound the development status, access standards and obstacles of overseas arbitration institutions in China, so as to put forward their own views and suggestions.

KEYWORDS

Overseas; Arbitration institution; Access; Legal issues

CITE THIS PAPER

Yanxi Yan, Le Peng, Qianyu Ge, Legal Issues Related to Access to Overseas Arbitration Institutions. Science of Law Journal (2023) Vol. 2: 55-61. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020309.

REFERENCES

[1] Li Xiansen. Difficult issues and recent developments in the allocation of the right to decide on preservation measures in international commercial arbitration in China [J]. Journal of Wuhan University of Technology (Social Science Edition), 2018, 31(06):103-108. 
[2] Zhang Zhengyi, Dong Yiwei. An empirical study on the recognition and enforcement of foreign arbitral awards in Chinese courts[J]. Commercial Arbitration and Mediation, 2021(04):54-70. 
[3] Xu Tao. The main ways and legal regulation of foreign arbitral institutions conducting arbitration business in China [J]. Legal Expo, 2017(22):246. 
[4] Yao Hongmin. Study on the Legal Issues of Arbitration by Foreign Arbitration Institutions in China [D]. East China University of Political Science and Law, 2020. 
[5] Gu Yuxin. Study on the Effectiveness of Arbitration Clauses of Foreign Arbitration Institutions in Chinese Arbitration [D]. East China University of Political Science and Law, 2020. 
[6] Sun Jiajia, Zhang Yundan, Xiao Yutong. Recognition/recognition and enforcement of foreign arbitral awards and judgments in China [J]. Zhongguancun, 2021(07):78-79. 
[7] Chu Beiping. The present and future of the construction of the "Belt and Road" multi-dispute settlement centre [J]. China Jurisprudence, 2017(06):72-90
[8] Cheng Jiali. A study on the legal issues of landing overseas arbitration institutions in China [J]. Arbitration Research, 2019(02):55-64. 
[9] Wang Huimin, Zhou Di. Research on the legal problems faced by foreign arbitration institutions in conducting arbitration business in China [J]. Journal of Chongqing Institute of Science and Technology (Social Science Edition), 2017(07): 15-17.
[10] Li Qingming. A study on the legal issues of arbitration by foreign arbitral institutions in China [J]. Global Law Review, 2016, 38(03):181-192. 
[11] Yi Jingwen. Research on Issues Related to Arbitration by Foreign Arbitration Institutions in China [D]. Zhejiang University, 2017. 
[12] Ding Bing. Determination of the country of Arbitral Awards Made in China by Foreign Arbitral Institutions [D]. Shandong University, 2020.
[13] Qin Nan. On the path of judicial review of the validity of the arbitration agreement of the chosen foreign arbitration institution [J]. Application of law, 2021(10):126-135. 
[14] Zhao Yashai. On the Legal Aspects of Arbitration by Foreign Arbitral Institutions in China [D]. Hebei University of Economics and Business, 2021.
[15] Gao Xiaoli, Justice should determine the origin of arbitral awards according to the place of arbitration rather than the location of the arbitral institution [J]. People's Justice (Case). 2017(20).
[16] Liu Xiaohong, Feng Shuo. Reform of mainland arbitration by foreign arbitral institutions in the context of institutional liberalization [J]. Law Review. 2020(03).
[17] Li Qiannan. Study on whether foreign arbitral institutions can arbitrate in China [D]. East China University of Political Science and Law, 2015.
[18] Xu Xu. The Law and Chinese Practice on Refusal to Recognize and Enforce Foreign Arbitral Awards [D]. East China University of Political Science and Law 2019.
[19] Liu Tong, Du Jing. A discussion of issues related to foreign arbitration institutions in China [J]. Beijing arbitration. 2017(02).
[20] Harvard Law Review. Chinese Common Law? Guiding Cases and Judicial Reform [J]. 2016 (8).

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