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Article
Mutual Recognition and Enforcement of Arbitral Awards in Mainland China and Taiwan: A Breakthrough in Cross-Strait Relations
Hong Kong Law Journal (2006)
  • Jason A Blatt
Abstract
While political relations between China and Taiwan have gone from bad to worse in recent years, the growing importance of economic relations between both sides of the Taiwan Strait has compelled governments on both sides to amend relevant laws and regulations so that courts may recognize and enforce arbitral awards rendered by each other's arbitral organizations. This historic trend started in 1992, when Taiwan passed a statute authorizing courts to recognize and enforce Chinese arbitral awards. China reciprocated in 1998 by issuing regulations permitting recognition and enforcement of Taiwan-issued arbitral awards. Significantly, courts on both sides have recently begun enforcing each other's arbitral awards. This amounts to a major breakthrough in cross-Taiwan Strait relations that has as of yet gone widely unnoticed. However, more experience must be accumulated before the emerging system of cross-strait arbitral award recognition and enforcement can be declared a success.
Keywords
  • China-Taiwan arbitration,
  • Taiwan-China arbitration,
  • cross-strait relations,
  • China-Taiwan relations,
  • cross-strait judicial cooperation,
  • law in Greater China
Disciplines
Publication Date
Winter 2006
Publisher Statement
Reproduced with kind permission of Sweet & Maxwell Asia and The Hong Kong Law Journal Ltd. http://www.westlaw.com.hk/ http://hklj.com/
Citation Information
Jason A. Blatt. "Mutual Recognition and Enforcement of Artibral Awards in Mainland China and Taiwan: A Breakthrough in Cross-Strait Relations" 36 Hong Kong Law Journal 585 (2006) Reproduced with kind permission of Sweet & Maxwell Asia and The Hong Kong Law Journal Ltd. http://www.westlaw.com.hk/ http://hklj.com/