Author: Li Hu*
Published: January 2002
Procedure and Grounds for Setting Aside
Description: By enacting the Arbitration Act of 1994, the People’s Republic of China has established for the first time a system for setting aside an arbitral award (Section I). Like the arbitration acts of most other countries, the Chinese Arbitration Act gives courts the option to remit a case to the arbitral tribunal for “re-arbitration” during proceedings to set aside an award. The author, in discussing in detail the grounds for setting aside (Section II) and re-arbitration of awards (Section III), explains the practice of setting aside awards under the Chinese Arbitration Act and specifically analyzes some of the issues involved in setting aside an award. In examining issues yet to be resolved, the author puts forward some proposals for the improvement of the system for setting aside awards (Section IV). Section V concludes with the author’s perspective on the setting aside mechanism.
*Doctoral Candidate, China University of Political Science and Law, Beijing, China; LL.M., Stockholm University, Stockholm, Sweden (1998-1999); LL.M., China University of Political Science and Law (1991-1994); B.A., Henan Normal University, Henan, China (1987-1991); Secretary General of the Domain Name Dispute Resolution Center, China International Economic and Trade Arbitration Commission (CIETAC); Research Fellow, the Arbitration Research Institute of China Chamber of International Commerce (CCIOC).