@article{ART002073822},
author={侯国跃 and 谢鹏},
title={Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland},
journal={Journal of International Business Transactions Law},
issn={2982-5903},
year={2015},
number={14},
pages={1-18}
TY - JOUR
AU - 侯国跃
AU - 谢鹏
TI - Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland
JO - Journal of International Business Transactions Law
PY - 2015
VL - null
IS - 14
PB - The Institute for Legal Studies Dong-A University
SP - 1
EP - 18
SN - 2982-5903
AB - Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland
HOU GUOYUE·XIE PENG
Chinese mainland has already recognized that the Higher People’s Court and the Supreme People’s Court have the exclusive judicial power over the effectiveness of the international commercial arbitration clauses. The proper law applying to affirm the effectiveness of hybrid arbitration clause shall be in accordance with the following order, namely the laws agreed upon between the parties, the laws at the place of arbitration, and the laws at the locality of the court. From the perspective of legislation and judicature in Chinese mainland, the critical elements which affect the hybrid arbitration clause are arbitration intention, arbitration matter and arbitration institution, but not arbitration rules. To evade the legal risks in the international commercial contract, this paper provides following advises. The hybrid arbitration clause shall be applied prudently in the contract. Whether the arbitration rules contain provisions relating to the exclusive use shall be well examined. Whether the arbitration rules involve the provisions which limit the modification of stipulation shall be concerned. And the accurate expression with regard to the arbitration institution, arbitration rules and proper law in the contract shall receive adequate attention.
KW - International Commercial Arbitration;Hybrid Arbitration Clause;Arbitration Institution;Arbitration Rules
DO -
UR -
ER -
侯国跃 and 谢鹏. (2015). Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland. Journal of International Business Transactions Law, 14, 1-18.
侯国跃 and 谢鹏. 2015, "Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland", Journal of International Business Transactions Law, no.14, pp.1-18.
侯国跃, 谢鹏 "Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland" Journal of International Business Transactions Law 14 pp.1-18 (2015) : 1.
侯国跃, 谢鹏. Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland. 2015; 14 : 1-18.
侯国跃 and 谢鹏. "Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland" Journal of International Business Transactions Law no.14(2015) : 1-18.
侯国跃; 谢鹏. Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland. Journal of International Business Transactions Law, 14, 1-18.
侯国跃; 谢鹏. Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland. Journal of International Business Transactions Law. 2015; 14 1-18.
侯国跃, 谢鹏. Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland. 2015; 14 : 1-18.
侯国跃 and 谢鹏. "Affirmation on the Effectiveness of Hybrid Arbitration Clause in the International Commercial Arbitration - from the perspective of legislation and judicature in Chinese mainland" Journal of International Business Transactions Law no.14(2015) : 1-18.
