• Journal of Arbitration Studies
• /
• v.22 no.3
• /
• pp.25-46
• /
• 2012

China instituted arbitration law on September 1, 1995, after having legislated the law under the UNCITRAL Model Law. However, Chinese arbitration law has some problems related to the effectiveness of its arbitration agreement, unlike the UNCITRAL Model Law. Thus, parties in dispute who want to settle a dispute based on Chinese arbitration law as governing law have more to take into consideration because there could be serious problems related to the effectiveness of the arbitration agreement. Therefore, this paper attempted to analyze the classification of jurisdiction related to the authorization of effectiveness in arbitration agreement of arbitral organization and Chinese, verify the problems, and suggest the solutions. Moreover, the author tried to verify the problems in applying the law related to the authorization of effectiveness in Chinese arbitration agreements and suggest some improvements. This paper also suggests improvements and problems related to the selection of arbitral organizations among several conditions for effective arbitration agreement in Chinese arbitration law. Finally, the author suggests some cautions and countermeasures related to arbitrations agreement for domestic investors and traders dealing with the Chinese.

• Journal of Arbitration Studies
• /
• v.20 no.2
• /
• pp.91-130
• /
• 2010

This thesis, which mainly focuses on judicial supervision of commercial arbitration in China, will deal with the developing process of arbitration system and analyze the actual condition of judicial supervision in commercial arbitration. And it also focuses on the underlying problems attributed to the excessive judicial intervention and an effort that the related academic world, arbitration industry and legal circles in China start to make in order to improve the system, resolving them. About the time China became a member of the WTO and about the 10th anniversary of the enforcement of Arbitration Law, powerful demands to solve the problems started to exist intensively. Academic field in China integrated these demands into the form of "proposed amendment of arbitration law", which enhanced the independence of arbitration and the autonomy of the involved parties drastically, as it accepted major contents of UNCITRAL Model Law while preserving of original tool of Chinese arbitration system. Separately from the movement in academic field, Supreme People's Court starts to exert itself for the, improvement of arbitration system, by announcing a series of proposed judicial interpretation so that it could collect the public opinion continuously and reflect the gathered opinion in judicial interpretation efficiently. Notwithstanding, there still remains to be ameliorated that the Arbitration Law of the PRC won't be able to overcome original limit when valuating judicial intervention on arbitration in some ways.

• Journal of Arbitration Studies
• /
• v.3 no.1
• /
• pp.121-159
• /
• 1993

• Journal of Arbitration Studies
• /
• v.21 no.1
• /
• pp.215-237
• /
• 2011

There are more than two hundred arbitral institutions in China. Some of them are active in the development of online arbitration system, such as CIETAC and Guangzhou Arbitration Commission(GAC). GAC, founded in 1995, is the second largest arbitral institution in China which accepts more than 4,000 cases a year. With extensive experiences in arbitration, GAC has conducted online arbitration procedures since 2007. Moreover it opened the whole process of online hearing to the public through the Internet. With this background, this article aims to support the development of online arbitration through the analysis of GAC practices. To meet the purpose, status quo, rules and procedure of online arbitration of GAC are outlined, followed by introducing nine cases conducted by GAC. The scope of GAC online arbitration is comparatively narrow and the institution is still under the government supervision. But the practices of GAC proved that online arbitration is fully admissible and effective under the current legal framework.

• Journal of Arbitration Studies
• /
• v.31 no.4
• /
• pp.29-49
• /
• 2021

The Chinese Arbitration Law came into force in 1995 and has been implemented for 26 years. As a party to the New York Convention, there are many contradictions and conflicts between the Chinese Arbitration Law and the New York Convention on the issue of ad hoc arbitration, and this institutional disconnection can bring about problems such as misalignment of arbitration powers. On July 30, 2021, China's Ministry of Justice published a draft of the revised Arbitration Law for public consultation, and the draft has generated a lively debate among the public. This article explores the reasonable and inadequate points of the draft of Arbitration Law in light of the recent trends in the use of commercial arbitration in China, the COVID-19, the Free Trade Zone, and the relationship between the Civil Code and the Arbitration Law.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
• /
• v.50
• /
• pp.61-85
• /
• 2011

The agreement to arbitrate is a central feature of commercial arbitration and the lack of a valid arbitration agreement is recognised as a reason why any arbitral award may not be recognized as binding by the courts or may be set aside. The purpose of this paper is to clarify the China's present arbitration law and practice in respect of determination of the validity of international commercial arbitration agreement. Most arbitration laws only require an arbitration agreement to be "in writing". But the arbitration law of the China require an arbitration agreement shall contain the following: 1. The expression of application for arbitration. 2. Matters for arbitration. 3. The arbitration commission chosen. And China's present arbitration law and practice in respect of determination of the validity of international commercial arbitration agreement are somewhat different from the other nations.

• Proceedings of KOSOMES biannual meeting
• /
• 2017.04a
• /
• pp.141-141
• /
• 2017

• Journal of Arbitration Studies
• /
• v.30 no.4
• /
• pp.31-50
• /
• 2020

The leading foreign arbitration agencies have established a representative office in China since 2015 to improve their arbitration agencies' problem being neglected by foreign parties. The Chinese government has enacted a system in which mediation services can be provided in China. The Chinese government seems to expect that if foreign arbitration agencies enter China and compete with Chinese arbitration agencies, Chinese arbitration agencies will also have an opportunity to develop through competition. In addition, it seems to reflect the expectation of Chinese parties that rather than using a foreign arbitration agency under foreign countries as the arbitration site to settle disputes, it would be more advantageous to arbitrate in China as the arbitration site with a foreign arbitration agency. The Chinese government has adopted a strategy to gradually open China's commercial arbitration service market to foreign arbitration agencies. Regarding the scope of arbitration services, China opened an arbitration service market limited to non-profit activities and foreign arbitration agencies in 2015 and then opened it to commercial activities in 2019. Also, the provision of arbitration services by foreign arbitration agencies is limited to foreign-invested companies registered in the Shanghai Pilot Trade Zone and parties in China, which are the counterparties of disputes between them. It will take a little more time to see how much the Chinese government will expand the number of parties that can use foreign arbitration agencies in the future.

• Journal of Music and Human Behavior
• /
• v.18 no.2
• /
• pp.67-85
• /
• 2021

This study reviewed the research in China on music interventions for adult brain injury patients. Eighty-three studies that met the inclusion criteria were included for analysis. Our review revealed that the number of intervention studies using music with adult brain injury patients has been on the rise since 2012, and random control research design methods have been dominant. Studies focused on the physical domain and emotional domain together were most common. Researchers in fields outside of music therapy conducted 43 of the studies, and music therapists carried out 14 of the studies as intervention providers. Most of the studies carried out by experts in fields other than music therapy used listening activities involving preexisting recorded music. However, most of the studies conducted by music therapists adopted reconstructed music and played it live during their intervention. The specificity of the described content of the interventions and level and relevance of stated rationale to the target goal of the intervention suggests that high quality of intervention was conducted with a therapist/investigator who has completed adequate professional education/training, which would emphasize the importance of music therapy professionalism. This study provides the baseline data for how music intervention research has been implemented in China and presents implications for future clinical practice and research.

• Strategy21
• /
• s.40
• /
• pp.235-254
• /
• 2016

최근 남중국해(South China Sea: 南中國海)가 동아시아 해양안보의 중심 이슈로 대두되고 있다. 아울러 남중국해 문제가 당사국 간 해양분쟁 및 해양경계획정 이슈만이 아닌, 제3자 개입 등의 다자간 해양분쟁과 대립으로 확산되는 매우 복잡한 양상을 보이고 있다. 이러한 남중국해 해양문제는 미국과 중국 간의 강대국 경쟁구도가 적용되어 힘의 시현을 위한 대결 국면이 되는 반면, 중국이 전통적 해양이익을 구단선(nine dash line)을 근거로 주장하면서 국제법 적용 문제에 따른 법적 문제의 성격을 나타내고 있다. 이에 따라 최근 남중국해 상황은 '항해의 자유(Freedom of Navigation)' 보장을 주장하는 미국, 역사적 권리 보장을 위해 일반적 조치를 강행하고 해군력을 증강시키는 중국, 그리고 남중국해를 경유하는 수많은 선박들의 항해 안전(navigational safety)을 강조하는 역내 국가 간 의견이 표출되는 복잡한 양상으로 나타나고 있다. 특히 최근 중국이 상설중재재판소의 남중국해 중재판결을 무시하여 국제법 적용이 어려운 가운데 포괄적 동아시아 해양안보 차원에서 남중국해 이슈 해결을 위한 새로운 접근방안이 요구되고 있다. 이는 남중국해에 대한 당사국 간 평화적 분쟁 해결과 더불어, 강대국 간의 전략적 함의에 의한 해결이 병행되어야 함을 의미한다.