The recent clarification of the CIETAC, SHIAC and SCIA jurisdictions can potentially clear the haze, while parties need to be specific in their arbitration clauses and be wary of how continuing tensions can affect disputes
As at September 2014, the position of the Supreme People's Court (SPC) on the interpretation of a pre-split arbitration clause and the enforceability of an arbitration award rendered based on such clause remained unclear, and has long created trouble and inconvenience for disputing parties.
This article is published by China Law & Practice.
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