Legal Issues of Access of Foreign Arbitration Institutions: Learning from Dubai International Financial Centre

Research output: Contribution to journalArticle

Abstract

International commercial arbitration belongs to international trade in service. Whether a country has the international obligation to admit foreign arbitration institutions depends on its specific commitments under GATS. Among various types of access of foreign arbitration institutions, the access of foreign arbitration institutions with independent legal status can make up for the shortcomings of other types of access of foreign arbitration institutions. The system adopted by the Dubai International Financial Center for the access of foreign arbitration institutions with independent legal status is the examination and approval system. Dubai International Financial Center cooperates with foreign arbitration institutions to establish independent arbitration institutions. The established arbitration institution should be non-governmental, and its arbitration rules should be compatible with the law, and its legal background should be similar to and legal culture of the host country. The legislation of China has many restrictions on access of foreign arbitration institutions, and it is necessary to improve China’s access of foreign arbitration institutions. China should adhere to the examination and approval system and principle of individuation with regard to access of foreign arbitration institutions with independent legal status, and it is necessary to combine China’s leading position and opening to the outside world. The established arbitration institution should be non-governmental, and its arbitration rules and legal background should be compatible with the law and legal culture of China. Free trade zones should be the place where the admitted arbitration institutions establish.
Original languageChinese
Pages (from-to)284-304
Number of pages21
JournalKey-title Chinese journal of international law (Online)
Volume22
Issue number1
Publication statusPublished - 1 May 2019

Keywords

  • access of foreign arbitration institutions; Dubai International Financial Centre; international trade in service; seat of arbitration; legal culture

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