Party autonomy in international commercial arrbitration - a comparative study of law and practice in China and Europe
Promovendus: Mw. X. Chen
Promotor: Prof.Mr. C.H. van Rhee
Duur: 1/9/2013 - 31/8/2017
Many jurisdictions are currently liberalizing their arbitration laws in order to facilitate the efficient resolution of disputes in commercial matters. This liberalization includes the elimination of inappropriate state intervention and the enhancement of party autonomy in international commercial arbitration. The said development can also be witnessed at the level of individual international commercial arbitration centers, where rules and services are currently also subject to reform. Most jurisdictions and institutions are pursuing reform in a manner that is linked more or less closely to national traditions and interests. The present research project aims at comparing the said developments, which directly influence the supervision of arbitration agreements by the courts in mainland China and Hong Kong and several European jurisdictions. It concentrates on a comparison of the applicable standards and rules related to the examination of the validity, enforceability and effectiveness of arbitration agreements within the context of the various forms of involvement of national courts, arbitration institutions and individual arbitrators. By way of this comparative analysis, the project will provide valuable insights for reform in China by highlighting relevant standards and rules in Europe while at the same time providing a non-Chinese audience with insights in developments in China.