Revision of the China's Arbitration Law from the Perspective of Foreign-related Rule of Law
An important guiding principle of the revision of the Arbitration Law of the People's Republic of China is to coordinate the advancement of both domestic and foreign-related rule of law.A pressing issue is how to continually optimize the business environment and create international arbitration centers and first-class arbitration institutions through legislative amendments.Compared with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law on International Commercial Arbitration,the Arbitration Law of the People's Republic of China still has institutional shortcomings in areas such as the seat of arbitration and ad hoc arbitration.The unclear positioning of arbitral institutions further hinders the improvement of China's arbitration system.Additionally,the indeterminate interim measures and judicial review standards weaken the international competitiveness of Chinese arbitration.Therefore,the revision of the Arbitration Law of the People's Republic of China should not only align with international standards to accelerate institutional improvement,but also clarify the legal status of arbitration institutions and loosen restrictions on their development.Moreover,it should be based on China's actual situation to improve the standards for interim measures and arbitration enforcement under the bifurcated system,thereby assisting in the construction of foreign-related rule of law.
Arbitration Law of the People's Republic of Chinaforeign-related rule of lawXi Jinping Thought on the rule of lawinternational arbitration
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