The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards: Lessons from and for China

Author: Shu Zhang
Publisher: Springer-Verlag
ISBN: 9783662676783
Published In: October 2023
Format: Hardback
Jurisdiction: Germany ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China.

The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China's performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China.

It is proposed that, in the context of China's recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.

Introduction

Public Policy in International Arbitration Law

Overview of China's Practice in Applying Public Policy in Arbitration Law

Application of Public Policy in China: The Statistical Study

Substantive Notions, Public Morals and Fundamental Principles in Public Policy

Procedural Fundamental Principles in Public Policy

Public Policy in the Form of Public Policy Rules

Arbitrability and Public Policy

An Evaluation of the Application of Public Policy in the Chinese Arbitration System

Conclusion: A Lesson from and for China