Co-authored by Jianwei Fang and Jie Gao, Zhong Lun Law
Firm, China.
The present article focuses on International Commercial
Arbitrations between Indian and overseas parties, where the seat of
arbitration is in China. It further discusses the issues faced by
foreign companies trying to obtain reliefs and remedies in India
and China as well as with the enforcement mechanism for China
Seated arbitrations in both countries.
Arbitration owes its popularity amongst investors primarily
because it holds four distinct advantages over other dispute
redressal mechanisms. Arbitration offers parties a great deal of
confidentiality and privacy. Since arbitrations are more or less
about party autonomy, parties are free to agree to the procedures
concerning arbitrations, including the seat of arbitration.
Arbitrations can be both institutional as well as ad-hoc
arbitrations. Various institutions such as London Court of
International Arbitration (LCIA), the International Chamber
