Part III Where to Arbitrate? Distinctive Features of Maritime Arbitral Seats, 11 Maritime Arbitration in China: Strive for a Bigger Presence »
Guo YuFrom: The Role of Arbitration in Shipping Law
Edited By: Miriam Goldby, Loukas Mistelis
This chapter discusses recent developments in the resolution of maritime disputes in China. It explores the strengths and weaknesses of the litigation and arbitration services provided in arbitration centres on the Chinese mainland. Efforts to strengthen the appeal of arbitration in China have borne only modest fruit. This is due to a number of factors, including the wider accessibility of courts as compared to arbitration centres; the default options in standard form contracts adopted by BIMCO and others, which tend to refer to the centres in London, New York, and Singapore; and the lack of an ad hoc option in Chinese arbitration services. The tendency to arbitrate abroad can have significant consequences for Chinese companies, who have to make their case in a foreign language, following an unfamiliar procedure, and at a much higher cost than they would have to bear locally. The chapter concludes by proposing ways to address these issues.