The public policy exception in the judicial review of international commercial arbitral awards : lessons from and for China / Shu Zhang.
2023
KNQ3000
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Title
The public policy exception in the judicial review of international commercial arbitral awards : lessons from and for China / Shu Zhang.
Author
Zhang, Shu.
ISBN
9783662676790 (electronic bk.)
3662676796 (electronic bk.)
3662676788
9783662676783
3662676796 (electronic bk.)
3662676788
9783662676783
Imprint
Berlin, Germany : Springer, 2023.
Language
English
Description
1 online resource (345 p.)
Other Standard Identifiers
10.1007/978-3-662-67679-0 doi
Call Number
KNQ3000
Dewey Decimal Classification
342.51041
Summary
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 Chinas 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 Chinas 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.
Bibliography, etc. Note
Includes bibliographical references.
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Access limited to authorized users.
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed September 28, 2023).
Available in Other Form
The Public Policy Exception in the Judicial Review of International Commercial Arbitral Awards
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Table of Contents
Introduction
Public Policy in International Arbitration Law
Overview of Chinas Practice in Applying Public Policy in Arbitration Law
Application of Public Policy in China: The Statistical Study
Substantive Notions, Public Morals and Fundamental Principles in Public Policy
Procedural Fundamental Principles in Public Policy
Public Policy in the Form of Public Policy Rules
Arbitrability and Public Policy
An Evaluation of the Application of Public Policy in the Chinese Arbitration System
Conclusion: A Lesson from and for China.
Public Policy in International Arbitration Law
Overview of Chinas Practice in Applying Public Policy in Arbitration Law
Application of Public Policy in China: The Statistical Study
Substantive Notions, Public Morals and Fundamental Principles in Public Policy
Procedural Fundamental Principles in Public Policy
Public Policy in the Form of Public Policy Rules
Arbitrability and Public Policy
An Evaluation of the Application of Public Policy in the Chinese Arbitration System
Conclusion: A Lesson from and for China.