को चीनी पंचाट फ्रेमवर्क within which the arbitration is conducted consists of the law, न्यायिक व्याख्याओं और अंतरराष्ट्रीय संधियों.
प्रथम, कानून विधायिका द्वारा अपनाया, विशेष में द 1994 चीनी पंचाट कानून, चीनी पंचाट फ्रेमवर्क के संबंध में सबसे महत्वपूर्ण स्रोत हैं, जिसकी एक प्रति नीचे उपलब्ध है.
दूसरा, in relation to the judicial interpretation, it is important to note that the highest of the four levels of court, the supreme people’s court (SPC), has the power to issue interpretations of questions concerning the application of the laws passed by the legislature. The interpretation of laws plays a very important role in the चीनी पंचाट फ्रेमवर्क, in particular in relation to the enforcement of awards. Arbitration laws and procedural laws must always be read in conjunction with the judicial interpretations as the SPC has issued more than 30 interpretations of the arbitration law of 1994.
आखिरकार, the most important international treaties of the चीनी पंचाट फ्रेमवर्क are the New York Convention which China ratified in 1986 (came into force in 1987) and the Washington Convention dealing with the settlement of investment disputes ratified in 1992 (और में अस्तित्व में आया 1993).
को चीनी पंचाट फ्रेमवर्क is characterized by four different enforcement mechanisms in relation to the enforcement of domestic arbitration awards, the enforcement of foreign arbitration awards, the enforcement of foreign-related arbitration awards and the enforcement awards made in Honk Kong, Macau and Taiwan.
प्रयोग में, the foreign-related arbitration awards include a foreign element which the domestic arbitration award does not possess and which it becomes necessary to define. In accordance with Chinese law, there is a foreign element when at least one party to the dispute is not Chinese, when there are legal facts regarding the parties’ legal relationship which took place in a foreign country, or when the subject matter of the dispute is situated in a foreign country.
It is interesting to note how the चीनी Arbitration Framework regulates the enforcement of domestic awards in comparison to foreign-related arbitration awards. In the case of domestic arbitration awards, the courts are allowed to review the merits and may, उदाहरण के लिए, refuse enforcement in the event that the evidence was forged. हालाँकि, in the case of foreign-related arbitration awards, the courts may only refuse enforcement on the basis of limited procedural grounds.
Naturally, in relation to foreign arbitration awards, the enforcement occurs in accordance with the New York Convention of 1958. When it ratified the New York Convention, China made a reciprocity reservation and a commercial reservation. The SPC’s judicial interpretation concerning foreign arbitration awards includes a notice of implementation of the Convention.
A particularity of the Chinese Arbitration Framework is that there are agreements between mainland China, Honk Kong, Macau and Taiwan and that enforcement of awards made in these regions are governed by the respective arbitration arrangements.