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1、Chapter 1 Introduction to International Commercial Arbitration Law Prof. Zhao Xiuwen Classification of the Methods for the Dispute Resolution nJudicial method nNon-judicial method nADR (Alternative dispute resolution) nArbitration as an independent dispute resolution Classification of the Disputes -
2、by subject-matter nSale of goods nSale of services nInvestment disputes:both foreign direct and indirect disputes nIntellectual property disputes Classification of Disputes -by parties nBetween different states nBetween state and nationals of other states nBetween nationals of different states WTO D
3、S nDisputes between WTO members nDSB under WTO Rules nSettlement disputes in accordance with WTO Rules (DSU nRecognition and enforcement of foreign arbitral awards Other International Documents nEuropean Convention on International Commercial Arbitration; nGeneva Conventions of 1923 and 1927 nWorld
4、Bank Convention of 1965 nUNCITRAL Model Law on Intl Commercial Arbitration of 1985 nUNCITRAL Arbitration Rules Principles of International Commercial Arbitration nParties autonomy nIndependent and impartial settlement disputes by the arbitral tribunal nNational courts supervision on the arbitration
5、Chinas Intl Arbitration Law nDomestic arbitration law nBilateral judicial cooperation treaty and international convention to which China is a party Arbitration Practices nComparative studies on international commercial arbitration practices nInstitutional v. ad hoc nJudicial review in different coun
6、tries Main Topics nArbitration institutions nInternational arbitration agreement nArbitration tribunal nArbitration procedures nThe law governing the arbitration nAward and remedies nCourt supervision German Zueblin v. Wuxi Woco n22/12/00, two-page Agreement b/t the parties to construct a factory fo
7、r Woco in Wuxi, Jiangsu Province, China; nFIDIC Green Book General Terms and Conditions as Appendix incorporated by reference in the Agreement; nAppendix: Arbitration: 15.3 ICC Rules, Shanghai shall apply. Litigation in the Court n10/10/02，Woco sued Zueblin in the Wuxi District Court over the Constr
8、uction Contract then changed to torts claims; nZueblin challenged the jurisdiction of the Court based on the Arbitration Clause; nThe District Ct. decided its jurisdiction over the case, which was confirmed by the Wuxi Intermediate Ct. on 20/02/03. Zueblin with ICC Arbitration n23/ 04/03, Zublin app
9、lied to ICC for arbitrating the dispute with Woco. n10/11/03, ICC tribunal rendered preliminary award to confirm its jurisdiction under the applied ICC Rules. n30/03/04, final award was made in Shanghai in favor of Zueblin. Court Decision on the Validity of the Arbitration Agreement n29/04/03, Zuebl
10、in applied to Wuxi district Ct. for confirmation of the validity of the arbitration agreement. n02/09/04, Court denied the validity of the arbitration clause after the Reply from the Supreme Court on 8 July 2004 through the Report system. Chinese Courts Decision on Enforcement of the ICC Award n30/0
11、8/04, Zueblin applied to the Wuxi Intermediate Peoples Court for enforcement of the ICC Award. n19/07/06, Wuxi Intermediate Peoples Court decided to refuse enforcement of the ICC Award due to invalid arbitration agreement under New York Convention. References n国际商事仲裁法，21世纪国际法 学系列教材，人大版，2004； n国际商事仲裁
12、案例解析，人大版 ，2005； n国际商事仲裁法参考资料，人大 版，2006。 Chapter 2 Arbitration Institution Ad hoc v. Instl Arbitration nBusiness place nAdministration staff nRules of arbitration nPanel list Function of Institution nDraft arbitration rules nif a party that concluded the arbitration agreement has no capacity for civi
13、l acts or has limited capacity for civil acts; or nif one party coerced the other party into concluding the arbitration agreement. Art. 7 of the Jud. Interpr. on Invalid arbitration agreement nThe parties agreed either arbitration or litigation. Unless one party applied for arbitration, the other pa
14、rty failed to challenge of the validity of the arbitration agreement prior to the first hearing of the arbitration tribunal. nThe parties failed to reach agreement on a definite arbitration institution. Authority to decide （CAL20) nIf a party challenges the validity of the arbitration agreement, he
15、may request an arbitration commission to make a decision or a Peoples Court to give a ruling. If one party requests an arbitration commission to make a decision and the other party requests a Peoples Court to give a ruling, the Peoples Court shall give a ruling. nA partys challenge of the validity o
16、f the arbitration agreement shall be raised prior to the first hearing of the arbitration tribunal. Competent Court to decide validity of the arb. Agreement nIntermediate peoples court nwhere the agreed arb. Commission located; nin case of no agreed definite arbitration commission, where the agreement was signed or the parties domicile or place of business located Applicable Law for decision nJudicial interpretation (Art. 16): nAgreed by the parties nSeat of arbitrati
