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The Chinese approach to arbitration judicial review: Empirical perspectives and practical trends

Meng Chen (Department of Law School, Shenzhen University, Shenzhen, China)

International Journal of Conflict Management

ISSN: 1044-4068

Article publication date: 30 August 2019

Issue publication date: 21 January 2020

Abstract

Purpose

This paper aims to evaluate the effectiveness of the reforming Chinese arbitration judicial review process and supplement the corresponding suggestions and analyze the practical trends of Chinese arbitration.

Design/methodology/approach

This paper presents considerable evidence that includes the latest empirical data and iconic cases to demonstrate the Chinese judicial system’s acts of internationalizing Chinese arbitration. This paper then elaborates the Chinese Supreme People’s Court (hereinafter SPC) recent reforms of the mechanisms of arbitration judicial review.

Findings

The SPC’s efforts to coordinate Chinese arbitration practice with international standards are effective and fruitful. However, even after recent reforms, there are still inherent deficiencies and important omissions that hinder the efficiency of Chinese arbitration.

Originality/value

The major contributions of this paper are providing latest empirical data to evaluate effectiveness of current Chinese arbitration judicial review and analyzing latest SPC’s legal interpretations.

Keywords

Citation

Chen, M. (2020), "The Chinese approach to arbitration judicial review: Empirical perspectives and practical trends", International Journal of Conflict Management, Vol. 31 No. 1, pp. 40-57. https://doi.org/10.1108/IJCMA-05-2019-0090

Publisher

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Emerald Publishing Limited

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