Arbitrating in China : The Rules of the Game - Practical Recommendations Concerning Arbitration in China

China has in the last decade and especially since its entry into the WTO made considerable efforts to improve its judicial system, perfectly aware of the necessity to provide a stable framework for foreign investment and economic growth. An important part of this reform is the development of international arbitration practice in China. Although stories about corrupt arbitrators, non-enforcement of arbitral awards based on protectionist reasons, inappropriate interference of courts during the arbitration process are not rare, a lot could also be said about successful arbitration proceedings. But it is human nature to emphasize the sensational, rather than the normal. Let's put aside endless polemics on how good or bad the Chinese judicial system and in particular the arbitration system is, and focus on how to make it work at its best. If you want to play a game, you need to know and accept the rules. Even though you may think that the rules are unfair, once you enter the game, you cannot blame your opponent for using the rules to win. The same is true for arbitration in China. This paper offers some practical advice to counsel involved in arbitration in China. Considerations include time limits on the enforcement of awards, panels of arbitrators offering limited choice, unavailability of seats outside China for domestic arbitration and arbitration administered by non-Chinese institutions