Overview
- Covers a comprehensive statistical and case study of the Chinese court’s decisions applying the public policy ground
- Illustrates and assesses the operation of the Chinese court system, and in particular, the Prior Reporting System
- Focuses on the different public policy concepts as proposed by the ILA report and their reflections
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About this book
This book systematically examines how the Chinese arbitration law system responds to the application of the public policy exception in the judicial review of international arbitral awards. The discussion is based on a general understanding of the legal concept of public policy in international arbitration practice and the understanding developed in Chinese arbitration law and judicial practice. In focusing on both international developments and Chinese arbitral and judicial practice, this book provides some lessons from and for China.
The book is based on a review of both legislation and cases in China and a comparison with the international trends and consensuses, as well as a systematic assessment of China’s performance in defining and applying public policy in the judicial review of international commercial arbitral awards. Valuable insights are provided on the basis of detailed analysis of the relevant cases. In this context, the author raised and examined a few key questions to be answered by the judicial practice, including: the international/national nature of public policy, the key elements of public policy, and the appropriate boundaries of judicial review. The author also highlighted a few unique legal concepts and approaches adopted in the Chinese context and evaluated its impacts on foreign parties and practitioners dealing with arbitration issues in China.It is proposed that, in the context of China’s recent law reforms, further steps are expected to be taken by the Chinese legal system in order to achieve a more comprehensive view of the public policy exception that is consistent with the globalized trend of a converging understanding of public policy in international arbitration.
Keywords
Table of contents (9 chapters)
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Front Matter
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China’s Public Policy Practice Compared to Other Jurisdictions
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Front Matter
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Conclusion and Recommendations
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Front Matter
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Back Matter
Authors and Affiliations
About the author
Dr. Shu Zhang is a senior lecturer in commercial law in the Deakin Law School, Deakin University (Australia). Before joining the Deakin Law School, Dr. Zhang was a post-doctoral fellow in the Chinese International Business and Economic Law Initiative, Law School, University of New South Wales (Australia). Her research interests include international commercial law, dispute resolution and international arbitration, as well as comparative contract law. She is also admitted to practice in New South Wales, Australia. Dr. Zhang obtained her PhD in Law from University of New South Wales (Australia), and her LLM, LLB and BA in Economics (Double Degree) from Peking University (China).
Bibliographic Information
Book Title: The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards
Book Subtitle: Lessons from and for China
Authors: Shu Zhang
DOI: https://doi.org/10.1007/978-3-662-67679-0
Publisher: Springer Berlin, Heidelberg
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer-Verlag GmbH, DE, part of Springer Nature 2023
Hardcover ISBN: 978-3-662-67678-3Published: 20 September 2023
Softcover ISBN: 978-3-662-67681-3Published: 21 September 2024
eBook ISBN: 978-3-662-67679-0Published: 19 September 2023
Edition Number: 1
Number of Pages: XIX, 338
Number of Illustrations: 1 b/w illustrations, 8 illustrations in colour
Topics: Private International Law, International & Foreign Law, Comparative Law , Dispute Resolution, Mediation, Arbitration, Public International Law