A Study On Issues Related To Foreign Arbitration Institutions Arbitrating In China

The frequent economic transactions between different countries promote the development of transnational dispute resolution.Internationally well-known arbitration institutions generally conduct arbitration activities around the world.With the continual opening of China,more and more foreign arbitration institutions choose China as the place of arbitration.However,because of the defects of China' s current arbitration legal system,arbitration agreements being held invalid and arbitral awards being refused to recognize and implement by local courts are common when foreign arbitration institutions arbitrating in China,which seriously hindered the internationalization of arbitration in China.In 2015,the State Council proposed a notice,which supports internationally well-known foreign arbitration institutions to establish branches in Shanghai Free Trade Zone.Although a few branch offices have been established now,the related legal system has not yet been clear,arbitrating in China is still a problem for foreign arbitration institutions.Therefore,it is urgent to reform the existing arbitration legal system to help foreign arbitration institutions arbitrate in China.The first part of this thesis introduces the background and the significance of this research.The second part outlines the two specific forms of foreign arbitration institutions arbitrating in China and the development of the status quo.The third part focuses on the first form of foreign arbitration institutions arbitrating in China,analyzing the legal obstacles and possible solutions based on combination of the existing arbitration law and significant cases.The fourth part analyzes the legal difficulties and the ideal legal framework for branch offices to realize them arbitrating in Shanghai Free Trade Zone.The fifth part,as a conclusion,puts forward some suggestions on the legal reform of foreign arbitration institutions arbitrating in China.The innovation points in this thesis are as follows:First,The topic is relatively new,especially that as a new situation,few research has been done in the area of the establishment of branch offices.Second,the author puts forward suggestions for the reform of China's arbitration law by combining the latest legal texts in Shanghai Free Trade Area;Third,the author raised innovative advice for branch offices in Free Trade Zone based on the policy of internationalization of arbitration,legal environment of China and the experience of other foreign arbitration institutions.