Arbitraż w Chinach: uwagi wstępne

Abstrakt

Along with the development of the „Belt and Road” Initiative, there is much more economic relations between Polish and Chinese entrepreneurs. Therefore, the disputes can arise in the future. Taking this into consideration, it is worth to protect interests of both parties and conclude an arbitration agreement. The aim of this article is thus to introduce the binding provisions concerning arbitration in China and to prove that despite China’s accession to the New York Convention and taking into account the UNCITRAL Model Law, there is still arbitration with Chinese characteristics. The article focuses primarily on the social and cultural background in China and indicates the development of the alternative dispute resolution. It describes further the historical aspects of the arbitration in China (from 1949 to 1994), when the Arbitration Law of the People’s Republic of China was adopted. Finally, it presents the features of this legal act and the elements of the arbitration agreement under Chinese law.