ISSN : 1229-9618(Print)
ISSN : 2671-7506(Online)
ISSN : 2671-7506(Online)
Chinese Studies Vol.54 pp.365-383
DOI : https://doi.org/10.14378/KACS.2016.54.54.19
DOI : https://doi.org/10.14378/KACS.2016.54.54.19
Abusing of jurisdictional objection of the arbitration in China
Abstract
Arbitration has become more leading method for resolving international commercial disputes. As a result, as arbitration becomes a more familiar procedure. The first issue in arbitration process is jurisdiction. Jurisdiction objection of arbitration have become more frequently abused for own particular aims. Unfortunately, abuse of process in arbitration will not only delay the arbitration process, but also become an obstacle to the assertion of rights by parties in commercial disputes. In addition, There is still a certain distance between china’s present arbitration law system and the international objective system in theory and practice in China. Therefore, this paper will discuss the abuse of jurisdiction objection system and the related issues about challenge of jurisdiction in commercial arbitration process system in China