transcript   Transcript

Doing Business in China: The Likelihood of Enforcing Agreements to Arbitrate and Arbitration Awards

Recorded on: Jul. 19, 2017
Running Time: 01:08:16

Full Transcript:

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Taken from the briefing Doing Business in China:  The Likelihood of Enforcing Agreements to Arbitrate and Arbitration Awards recorded July, 2017 in New York.

Doing business with companies principally based and operated in the People’s Republic of China (“PRC”) is a common practice for many global corporations. In order to protect your company’s interests when entering into a contract with a PRC-based counter-party, careful attention should be paid during the negotiation phase to obtaining agreement on how the parties will resolve disputes. Having a well-drafted and enforceable arbitration clause will greatly enhance your company’s ability to enforce its contractual rights against companies resident in China should a dispute arise.

Lecture Topics  [01:08:16]

Pleaselisten to Thomas G. Allen of Pillsbury Winthrop Shaw Pittman LLP as he addresses:

  • Recent developments in Chinese law regarding the enforceability of agreements to arbitrate and arbitration awards:

China has made recent efforts to promote both the enforcement of agreements to arbitrate and of arbitration awards rendered outside of China. China has now implemented a mandatory reporting system that requires lower courts to refer cases to appellate courts where there has been a decision not to enforce an agreement to arbitrate or arbitration awards.

  • Choosing an arbitration institution:

Arbitration seated in China likely requires the use of a registered Chinese administering organization. Using a non-Chinese administering organization may provide better assurances for neutrality. Ad hoc arbitration is not permitted for arbitrations seated in China so the parties ability to craft an ad hoc procedure is very limited. Careful attention needs to be paid to selecting an arbitration organization.

  • Drafting tips for enforceable arbitration clauses and arbitration awards:

There are certain legal requirements to an enforceable arbitration clause in China. Certain drafting tips can help maximize the chances for enforcing an agreement to arbitrate.

Presentation Material

  • Enforcing Agreements to Arbitrate and Arbitration Awards in China
    Thomas G. Allen
Thomas G Allen ~ Pillsbury Winthrop Shaw Pittman LLP
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