EN /中文
2024/11/29 15:43:13
On November 29, HZAC officially released the White Paper on Foreign-Related Commercial Arbitration (2016-2024) and Ten Typical Cases of Foreign-Related Commercial Arbitration.

Arbitration, a dispute resolution system stipulated in Chinese law, is a globally accepted method for resolving commercial disputes. Due to its unique advantages, such as the principle of party autonomy, high efficiency and convenience, specialization and confidentiality, finality of single-instance arbitration, and extraterritorial enforceability of awards, arbitration has gradually become an important safeguard for efficient commercial disputes resolution, high-quality economic development and international economic cooperation promotion.
In recent years, HZAC has thoroughly implemented Xi Jinping Thought on the Rule of Law, aiming for the goal of striving to become a world-class arbitral institution. It has played a significant role in diversified dispute resolution mechanisms and has been dedicated to building a new highland of arbitration service on the track of foreign-related rule of law. The credibility and international influence of Hangzhou arbitration have continuously improved. In recognition of these efforts, HZAC has awarded the National Advanced Collective for Public Legal Service Work by the Ministry of Justice in 2024, marking significant achievements across its arbitration work. In April 2024, HZAC officially hung out the shingle of Hangzhou Court of International Arbitration, committed to building a new international dispute resolution platform that gathers high-end elements and exploring new paths for diversified international commercial dispute resolution, to empower the high-quality development of international arbitration with high-level foreign-related rule of law, and to build a new highland of opening-up with higher levels of openness, better business environment, and stronger radiation effect.
The Chinese-English bilingual version of White Paper, systematically introduces the breakthroughs and advancements achieved by HZAC since 2016 in improving the capacity of foreign-related arbitration service, proceeding the construction of arbitration system and mechanism, strengthening the international exchanges and cooperation in arbitration, and cultivating legal talent in foreign-related law. From 2016 to 2024, HZAC has received 1,645 foreign-related cases and closed 1,449 foreign-related cases, with the amount of disputes over RMB 18 billion. Foreign-related cases involved 48 countries and regions, including 27 countries of the Belt and Road Initiative. Besides, HZAC had no any foreign-related arbitral awards revoked or refused to enforce by the court. Such series data indicates that domestic and foreign market entities has gradually trusted and chosen the foreign-related arbitration service of HZAC.
The typical cases mainly showcase HZAC's exploration and practice in resolving foreign-related commercial disputes, providing valuable references for the arbitration circles. These typical cases not only cover a range of common disputes, such as disputes over cargo transport contracts, patent services contracts, and sales contract., but also address new types of contract disputes, including disputes over service contracts for cross-border e-commerce companies and stock-pledg lending. These cases touch on various issues related to foreign-related arbitration, such as service, default award, summary procedures, and applicable law. Other issues, such as whether arbitration agreements can be extended to assignees, accessory contracts, and shareholder of single-member companies, are also involved. Furthermore, the cases examine issues ranging from cost allocation for third-party performance and burden of proof for damages in breach of contract to validity determinations and legal consequences of contracts formed under material misunderstanding or fraudulent collusion. Collectively, these cases reflect common issues and emerging legal matters in foreign-related commercial arbitration, highlighting the advantages of arbitration in efficiently and conveniently resolving disputes.
In the future, HZAC will continue to summarize the achievements of foreign-related arbitration, draw on the success stories of international arbitration and refer to international rules, to upgrade the arbitration service and professional level by clarifying the targeting and positioning, strengthening the foundation and making significant breakthroughs. HZAC will make sustained efforts to build a regional arbitration brand basing in Hangzhou, radiating the whole country and facing the world, promoting Hangzhou to become a highland for high-quality resources for international commercial dispute resolution and international arbitration.
Scan the QR code for the White Paper
