2011年3月6日星期日
Three kinds of arbitral awards in China
There are three kinds of arbitral awards according to the Chinese Arbitration Law. They are domestic arbitration, international arbitration and foreign arbitration. The criterion among the three arbitrations is the nature of the dispute. The domestic arbitration is case without a foreign element and is held in China. The international arbitration is a case involved a foreign element and is held in China. According to the Article 304, Supreme Court, Several Opinions on the Application of the Civil Procedural Law(1992), a dispute involves a foreign element if: (i) one or both of the parties is a foreign national or a stateless person, or a company or organization domiciled in a foreign country; (ii) the legal facts establishing, changing or terminating the civil law relationship between the parties occurred in a foreign country; or (iii) the subject of dispute is situated in a foreign country. Foreign arbitration means the arbitration is held outside of Mainland China. There are different rules regulating three kinds of arbitrations/ arbitral awards.
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