The Role of the Supreme People’s Court in Chinese International Commercial Arbitration

As the number of China-related transnational disputes rises along with the development international trade and commerce, the dispute resolution relating to a Chinese party gains increasing interest for the academia and practitioners. As both the "legislator" and the highest judiciary, in Chinese context, what reveals more truth of international commercial arbitration practice than the decisions of the Supreme People's Court of the People's Republic of China? After a careful study of all the model judgment published by Chinese Supreme Court for almost three decades, the features of the foreign-related arbitration in China are distinctive from the practice of many other countries. The idiosyncrasies not only exist in the aspect of the validity of an arbitration award, but also from the enforcement stage. This work sheds light on the unique role of the Supreme Court in Chinese legislation process and the court system. Then the practice of the Supreme Court with regard to foreign-related arbitration rules are analyzed in details. One may notice the culture background behind the special features of Chinese arbitration rules in contrast with international common practice and find practice guide from it.