On Issues of Application of Law in China's International Commercial Arbitration
Kou Li
Abstract
Kou Li
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.
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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