How China's Anti-Foreign Sanctions Law Affects International Arbitration Proceedings in China
Published 19 February 2024
Abstract
China's Anti-Foreign Sanctions Law and the new Draft Arbitration Law raise significant potential issues regarding international arbitration in China. International arbitration is highly sensitive to sanctions due to the increasing use of sanctions and the geo-political intricacies of imposing same. This article makes three contributions to the literature on sanction and arbitration: (i) provides an assessment of the Anti-Foreign Sanction Law (AFSL) and its impact on sanctioned arbitrators, arbitration institutions and other parties in the proceeding; (ii) an analysis of how local courts will be affected by the AFSL in arbitration proceedings; and (iii) an examination of the role of newly adopted ad hoc arbitration played against economic sanctions in China. This article argues that Chinese legal institutions should be reformed or designed to strike a balance between political goals and economic interests.
This paper will be part of the TDM Special Issue on "Sanctions and International Arbitration: Impact on Substantive and Procedural Issues". More information here www.transnational-dispute-management.com/news.asp?key=1960