Evolving Landscape of Ad Hoc Arbitration in China: Recent Developments in Shanghai and Proposed Revisions to the Arbitration Law

Abstract

This paper examines the evolving landscape of ad hoc arbitration in China, focusing on developments in Shanghai and the proposed revisions to the Arbitration Law. It begins with a brief overview of the current legal regime governing Chinese arbitration, highlighting the dual-track system for purely domestic and foreign-related (including foreign) ad hoc arbitration. It then explores the prohibition of purely domestic ad hoc arbitration, delving into the historical and political reasons behind this stance. Next, the paper analyses recent developments in Shanghai and the proposed revisions to the Arbitration Law concerning the validity of foreign-related ad hoc arbitration. It further discusses the enforceability of foreign ad hoc arbitration awards and Chinese practices under the New York Convention. Finally, Section Five concludes the paper.