2004Unpublished venueRequires access

On Issues of Application of Law in China's International Commercial Arbitration

Kou Li

Open publisher page 0 citations

Abstract

While China determines the effectiveness of international commercial agreements, the provisions of New York Convention should be applied or taken as a reference. However, the scope of disputes for should be enlarged. Some organizations in China have given parties the right to choose the application of law concerning procedure. Some reasonable contents in the theory of “non-domestic arbitration can be taken as a reference and adopted. The application of the substantive law of international commercial in China takes the principle of limited party autonomy and the principle of proximate connection as primary, and it cannot be against the provisions of compulsory law. Because of the current situation of the legal application of China's international commercial arbitration, one of the objectives of amending the law is to make China a new appealing international commercial center to foreign businessmen and make the procedure more simple and convenient.

About this research paper

What this paper is about

While China determines the effectiveness of international commercial agreements, the provisions of New York Convention should be applied or taken as a reference. However, the scope of disputes for should be enlarged. Some organizations in China have given parties the right to choose the application of law concerning procedure. Some reasonable contents in the theory of “non-domestic arbitration can be taken as a reference and adopted. The application of the substantive law of international commercial in China takes the principle of limited party autonomy and the principle of proximate connection as primary, and it cannot be against the provisions of compulsory law. Because of the current situation of the legal application of China's international commercial arbitration, one of the objectives of amending the law is to make China a new appealing international commercial center to foreign businessmen and make the procedure more simple and convenient.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

While China determines the effectiveness of international commercial agreements, the provisions of New York Convention should be applied or taken as a reference. However, the scope of disputes for should be enlarged. Some organizations in China have given parties the right to choose the application of law concerning procedure. Some reasonable contents in the theory of “non-domestic arbitration can be taken as a reference and adopted. The application of the substantive law of international commercial in China takes the principle of limited party autonomy and the principle of proximate connection as primary, and it cannot be against the provisions of compulsory law. Because of the current situation of the legal application of China's international commercial arbitration, one of the objectives of amending the law is to make China a new appealing international commercial center to foreign businessmen and make the procedure more simple and convenient.

Key concepts: Arbitration, China, Law, Scope (computer science), Convention, Autonomy, Substantive law, International law

Related papers

Back to paper searchBrowse research topicsOriginal source
On Issues of Application of Law in China's International Commercial Arbitration — Research Paper | ScholarLens