Lloyd's Shipping & Trade Law
Arbitration clauses: incorporation in China
Several recent English shipping judgments have involved Chinese courts, where an English court would have unquestioningly accepted jurisdiction, had there been no rival court. The outcome in each case depends on the circumstances of the litigation in question, but from an East-looking perspective the cases raise the question: under what circumstances will a Chinese court accept jurisdiction?
And under what circumstances can a foreign
arbitration award be enforced in China, to make it worthwhile going to the foreign
court in the first place?