What is an Administrative Dispute? According to the Arbitration Law of thePeople’s Republic of China, administrative disputes shall not be referred toarbitration. Therefore, it is important to distinguish between civil andadministrative disputes. What is an administrative dispute? Todefine an administrative dispute,…
Coercion in Reaching an Arbitration AgreementAccordingto the Arbitration Law, an arbitration agreement shall be reached out of thefree will of both parties rather than under coercion. And an arbitrationagreement reached by a party under coercion by the other party shall be heldinvalid.What iscoercion and under what circ…
AreDisputes over Consumers’ Interests ArbitrableThe answeris yes.The Arbitration Law excludes two types ofdisputes from arbitration, i.e., disputes relating to family, marriage,adoption, succession, and other issues involving personal relationship, anddisputes over administrative issues that fall under the jurisdiction…
Sole-arbitrator Tribunal or Three-arbitrator TribunalThe PRCArbitration Law specifies two arbitration structures: sole-arbitrator tribunal orthree-arbitrator tribunal, which is different from the compositional stricturesof arbitral tribunals in most countries and regions.When anarbitral tribunal is composed of a sole ar…
Lawsuit Prohibitedafter Arbitration Where an award has been made by an internationalarbitration institution of the People's Republic of China, neither disputingparty may file a lawsuit with a people's court based on the same dispute underthe award. Where either party fails to comply with the award, theother party may fi…
Scope of Arbitration - Equal LegalStatus Arbitration only resolves disputesbetween parties of equal legal status, i.e., individuals, legal entities,and/or other organizations of equal legal status arising out of or inconnection with contracts or over property rights or interests in accordance with The Arbitration Law. I…
InternationalArbitration: Mutatis Mutandis Application in Summary ProcedureIn arbitration, summary or expeditedprocedure is a simplified version of the general procedure. It is generallyapplicable to small claim cases or if agreed upon by the disputing parties. In summary procedure, a sole arbitratorwill be selected by …
Time Period for Rendering an Award in SummaryProcedure in International ArbitrationThe time period for rendering an awardin the summary procedure is shorter than, generally no more than half of, thatin the case of general procedure, for example, 3 months under the arbitrationrules of CIETAC and SHIAC, 45 days under SHIA…
China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
Email: elitelawyers@outlook.com
My blog: http://shanghailawfirm.net/
Robert Zhang 
Steve Li 