What conclusions can be drawn from the recent Supreme Court of China’s recent publication regarding arbitration in China? The ten selected cases published by the Supreme Court of China (the “Supreme Court”) show that the Supreme Court attaches much importance to the judicial review of arbitration and commits to continuously improving the mechanism of judicial supervision of arbitration in its effort to uphold the principle of rule of law, maintain a unified standard and promote internationalization of commercial arbitration in China. The types of cases published are rather diverse, including recognition and enforcement of foreign arbitral awards, setting aside arbitral awards, validity of arbitration agreements, and disputes over jurisdiction. The Supreme Court has maintained a relatively consistent standard towards arbitration administered by foreign arbitration institutions. As can be seen from Case 3, since Chinese law does not expressly prohibit selection of foreign arbitration institution with place of arbitration located in China, provided foreign-related elements 86 LAWYER MONTHLY FEBRUARY 2024 Arbitration Agreements and Legislation in China An Interview with Simon Bai On 16 January 2024, the Supreme People’s Court of China published ten court cases on judicial review of arbitration. Case 3 recognized the validity of an arbitration agreement on arbitration in China administrated by a foreign arbitration institution. Previously, another court case published by the SPC in 2022 had already determined that an arbitral award rendered by a foreign arbitration institution in China should be regarded as a foreign-related arbitral award of China rather than a foreign arbitral award. Lawyer Monthly recently met up with BAI Xianyue (Simon) from Grandall Law Firm, China to explain arbitration agreements and legislation in China.
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