Troy Harris and Frederick Acomb wrote this article for Michigan Lawyers Weekly.
Economic activity inevitably generates disputes, and economic activity between parties in China and the U.S. is no exception. But where should those disputes be resolved?
Resolution in the national courts of China or the United States often is not a viable option.There is no treaty compelling a Chinese court to enforce the judgment of a court in the U.S., or requiring a U.S. court to enforce the judgment of a Chinese court. Hence, such disputes are increasingly resolved through binding arbitration under an international treaty known as the New York Convention of 1958, to which China, the U.S., and more than 140 other countries are parties.
The resulting arbitration awards — unlike court judgments — are enforceable as a matter of right around the world. So what are the options for arbitrating with Chinese parties? Theoretically, one can arbitrate a dispute just about anywhere in the world. As a practical matter, however, most international arbitrations involving Chinese parties tend to take place in Asia, and tend to be administered by the “Big 3” of Chinese international arbitration:
You can read more on this in the original article that Troy Harris and Frederick Acomb originally published in Michigan Lawyers Weekly here: Big 3 of Chinese International Arbitration. The article also appeared in the law firm’s newsletter here.
For more about Miller Canfield’s International Disputes Group click here.