ICC Arbitration in Mainland China: Validity of Arbitration Clauses and Enforcement of Awards

In recent years, more and more Chinese companies are using the International Court of Arbitration of the International Chamber of Commerce ("ICC Court") to resolve their disputes arising from international trade and commerce. According to ICC statistics, seven parties from Mainland China were involved in ICC cases in 2001, ten in 2002, fifteen in 2003, twenty-four in 2004 and twenty-six in 2005.

Under Article 14.1 of the Rules of Arbitration of the International Chamber of Commerce ("ICC Rules"), parties are free to agree upon the place of arbitration; where the parties fail to do so, the place shall be fixed by the ICC Court. In fact, in two out of three ICC cases, the place of arbitration is not Paris, where ICC headquarters are located.