Legislative Recognition and Judicial Coordination of Tribunals Competence-Competence in Chinas Foreign-Related Arbitration: Under the New World Economic and Trade Landscape
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Key Points
MAIN FINDING: China's lack of explicit statutory recognition for competence-competence affects arbitral tribunal authority.
KEY EVIDENCE: Judicial inconsistencies arise from fragmented legislation and premature interventions in arbitration processes.
APPROACH: The study employs critical engagement with academic debates and comparative insights from France and Singapore.
SIGNIFICANCE: Proposed reforms aim to align China's arbitration practices with international norms while addressing domestic challenges.
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Implication
Analysis reveals challenges in foreign-related arbitration in China, indicating a need for legislative reforms and judicial coordination.