CHINA UPDATE – Chinese Court Refuses to Enforce an Arbitral Award Rendered by Post-Separation CIETAC Branch – Suggestions for Drafting Arbitration Agreements


The recent separation of the two former branches from the well-known Chinese arbitration institution-CIETAC and the branches’ establishment as independent arbitration institutions have brought confusion to the domestic and international arbitration community and businesses with regard to some arbitration agreements providing for arbitration at a CIETAC branch. The recent judgments of two Chinese courts in Suzhou and Shenzhen on the jurisdiction of the newly independent arbitration institutions are in conflict with each other and add more confusion to the relevant issues. In response to clients’ inquiries, we wrote this article to provide some suggestions on how to avoid potential confusion and protect parties’ interest under different scenarios relevant to these arbitration institutions’ jurisdiction.

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