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Chinese Court Decision Summaries on Arbitration

Chinese Court Decision Summaries on Arbitration is a collection of English summaries of Chinese court decisions (related to arbitration), edited by WunschARB. The collection consists of just under 500 case summaries of cases concerning enforcement of arbitral awards, validity of arbitration clauses and annulment of arbitral awards. This collection will further be updated on a quarterly basis as further court decisions are issued on these topics.

Each online summary starts with Case Data (an overview) containing key data about the decision, followed by a user-friendly summary divided into the following sections:

  • Synopsis
  • The contract and the dispute
  • Arbitration proceedings
  • Initiation of court proceedings and position of the parties
  • Court analysis
  • Decision of the court
  • Commentary

These concise summaries will help users conduct research on specific recurring issues when conducting arbitration with Chinese parties, whether in or outside China. The concise summaries aim to lay out and explain the most relevant issues, arguments and outcome of a case, and they will aid user in deciding whether it is worth dedicating the time needed to read the full decision – and in many instances, whether it is worth translating the full decision into English.

The collection of court summaries provides an overview of the arbitration environment in China and in particular of the attitude of Chinese courts at different levels and in different regions towards arbitration. These court summaries provide an empirical basis to identify and learn how to avoid typical pitfalls of China-related arbitration and to assess the efficiency of arbitration as a means of dispute resolution in China-related projects.

NB - The cases included in the service are decisions rendered after the entering into force of the Arbitration Law 1994 (with cases dating from 1st September 1995 onwards), with a few exceptions covering earlier landmark decisions. The summaries have been compiled from court decisions that were readily available online or in selected periodicals and journals and include all levels of the Chinese court system.