Chinese Court Takes Pro-Arbitration Approach To Validity Of International Arbitration Agreement

Chinese Court Takes Pro-Arbitration Approach to Validity of International Arbitration Agreement

Latham & Watkins provide a brief review of Chinalight International Trade Co. Ltd v Tata International Metals (Asia) Ltd, where the Beijing No. 4 Intermediate People’s Court was asked to determine the validity of an arbitration agreement designating a non-existent arbitral institution to administer disputes submitted to arbitration under the agreement. The authors note that the Beijing court adopted a pro-arbitration approach in upholding the validity of an arbitration agreement designating a non-existent arbitral institution, a decision which reflects the increasingly pro-arbitration attitude of Chinese courts and highlights the importance of drafting arbitration agreements involving Chinese parties clearly and precisely. … READ MORE

See also the review by WEMP

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

View

Leave a Reply

Your email address will not be published. Required fields are marked *