British Arbitration Act 1996 and the Amendment of Chinese Arbitration Law

Author: Liang?
Publisher:
Publish Date: 2006-07-01
Features: This paper will compare the current arbitration legal system of China and the arbitration legal system of the United Kingdom from several different perspectives, hoping to promote the improvement and perfection of China's arbitration legal system. Any arbitration must be based on a valid arbitration agreement. This well-recognized basic principle comes from the two functions of the arbitration agreement. One is that the arbitration agreement indicates the parties' intention to submit their dispute to arbitration for resolution. This intention is crucial for the existence of arbitration. This is not only because the arbitration process is based on the parties' voluntary submission to arbitration, but also because a valid arbitration agreement excludes the jurisdiction of the court over the dispute. It is clear that the other function of the arbitration agreement is to grant the arbitral tribunal effective jurisdiction. For this reason, the comparative study in this book begins with four controversial issues related to arbitration agreements. It starts with the different provisions of Chinese law and British law on the validity of arbitration agreements, then discusses the most controversial issue of temporary arbitration in China in the second part, and examines whether arbitrators have the right to decide when the validity of the arbitration agreement is disputed. The latter part discusses whether arbitrators should bear corresponding responsibilities when the arbitration award cannot be enforced, i.e., the issue of the arbitrator's liability system.