1 Introduction

Subject(s):

Arbitrators — Evidence — Relationship between international and domestic law — Arbitration — Conciliation

This chapter provides an overview of arbitration in China, as well as the arbitration and other dispute resolution services provided by the China International Economic and Trade Arbitration Commission (‘CIETAC’). The legal framework governing arbitration in China consists of: (1) statutory law; (2) judicial interpretations; and (3) international treaties. In addition, special provisions have been put into place to deal with arbitration matters involving China and the special administrative regions of Hong Kong and Macao; these special provisions are promulgated in mainland China as judicial interpretations. The chapter distinguishes between domestic and foreign arbitration, and looks at the framework of institutional arbitration in China. It then details the important features of CIETAC arbitration. The CIETAC is China’s pre-eminent arbitral institution and has played the dominant role in the arbitration of Chinese-foreign business disputes for over sixty years.