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The enforcement of foreign and foreign-related arbitral awards in the People's Republic of China: A call for reform

Lord, Samantha (2014) The enforcement of foreign and foreign-related arbitral awards in the People's Republic of China: A call for reform. Masters by Research thesis, Murdoch University.

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Abstract

Over the past 25 years, China has experienced exponential growth. It has surpassed Japan as the second largest economy in the world, and the World Bank has predicted that it will overtake the United States to become the global leader by 2030, if not before. As China’s economic success is underpinned by foreign trade and investment, it comes as no surprise that Chinese entities are, and will be, increasingly involved in disputes with foreign parties. Arbitration is the preferred method of dispute resolution in China, and indeed of the international business community, therefore if China is to take its place as a global leader, it must have a system for the enforcement of foreign and foreign-related arbitral awards that is in line with international best practice and that is reliable, predictable and transparent. However, in many respects China’s current system for the enforcement of foreign and foreign-related arbitral awards falls short of the standard it ought to achieve.

In light of this, this paper explains why China has the potential to become a leading arbitral jurisdiction, analyses China’s system for the enforcement of foreign and foreign-related arbitral awards and in doing so identifies flaws and areas in which it falls short of international best practice, and finally calls for reform of China’s current system by setting out recommended legislative and practical reforms, which it is argued China must make if it is to ultimately take its place as a, or even the, world leader.

Publication Type: Thesis (Masters by Research)
Murdoch Affiliation: School of Law
Supervisor: Brohmer, Jurgen and Moens, Gabriel
URI: http://researchrepository.murdoch.edu.au/id/eprint/24701
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