Studies About Issues Related to the ADR Mechanism on Civil and
Commercial Disputes in the Guangdong-Hongkong-Macao Greater
Bay Area 201
Ⅰ. Non-litigation 204
Ⅱ. Litigation 215
An Analysis of Frontier Issues in the Amendment of Arbitration Law 220
Ⅰ. There are Objective Bottlenecks in the Ad Hoc Arbitration
System to be Broken Through 223
Ⅱ. The Details of the Revision of Competence-Competence Need
to be Discussed 235
Ⅲ. Unresolved Issue of Effectiveness of the Enforcement of
Decisions on Interim Measures 239
Ⅳ. The Judicial Review Mechanism for Arbitration Needs to be Improved 250
Conclusion 261
The Analysis of the Value Option for Judicial Review for Arbitration 262
Ⅰ. Formulation of the Question 263
Ⅱ. Value Options for Judicial Review of the Validity of Arbitration
Agreements 265
Ⅲ. Value Options for Judicial Review of Arbitral Awards 284
Ⅳ. Practical Utility of the Value Choice of Judicial Review of Arbitration for the Effective Articulation and Coordination of Diversified Dispute Resolution Mechanisms 293
Conclusion 296
The Choice of Law of the Arbitration Agreement: New Approach Towards
the Application of the Closest Connection Principle 297
Ⅰ. The Closest Connection Principle as a Source of Choice of
Law for Foreign-related Arbitration Agreements 300
Ⅱ. Noval Framework for Application of the Closest Connection
Principle Under the Hidden Pro-validation Approach 304
Ⅲ. Necessity: the Closest Connection Principle as Basis for Choice
of Laws 308
Ⅳ. Feasibility: Bridging the Validation Principle with the Closest Connection Principle 314
Conclusion 317
Study on the Legal Issues of the Third Party Funding for International Commercial Arbitration 318
Introduction 318
Ⅰ. The Connotation and Development of Third Party Funding for International Commercial Arbitration 319
Ⅱ. Necessity of Regulating Third Party Funding for International Commercial Arbitration 323
Ⅲ. Exploration of International Regulation Experience of Third
Party Funding for International Commercial Arbitration 328
Ⅳ. Development Path of Third Party Funded International
Commercial Arbitration in China 333
Conclusion 342
Observations on the Developments of Arbitration in Northeast Asia 344
China 345
Ⅰ. Worldwide Routes 345
Ⅱ. Setting the Sails 346
Ⅲ. Innovation and Outlook 348
Russia 348
Ⅰ. A Long Tradition of Commercial Arbitration 349
Ⅱ. Background of the 2015 Arbitration Reform 351
Ⅲ. Features of the Arbitration Law of Russian 353
Ⅳ. Current Main Commercial Arbitration Institutions in Russia 359
Ⅴ. Issues to be Noticed in the Practice of Commercial Arbitration
in Russia 363
Mongolia 369
Introduction 369
Ⅰ. Modern Mongolian Arbitration Law and Legal Regulation
Settlement 375
Ⅱ. The Revised Arbitration Law 376
Conclusion 382
Democratic People’s Republic of Korea 383
Ⅰ. Legislation Background 384
Ⅱ. Main Contents 385
Ⅲ. Reflections on the DPRK Jurisdiction of Arbitration 396
Ⅳ. Problems of the Foreign Economic Arbitration Law of the
DPRK 402
Conclusion 405
Republic of Korea 407
Ⅰ. Industrial Policy Orientation and Current Status of the Arbitration
of Republic of Korea 407
Ⅱ. Legal System Construction of Arbitration of Republic of Korea
Under the Orientation of Arbitration Industrialization 414
Conclusion 429
Japan 430
Introduction 430
Ⅰ. Summary of the Judicial Review System of Arbitral Awards by Japanese Judicial Organs 434
Ⅱ. The Application of Judicial Review in the Judicial Precedents
of Arbitral Awards by Japanese Judicial Organs 447
Conclusion 453
Study on the Expansion of the Validity of Arbitration Agreements
Concluded in the Name of a Group Company 455
Ⅰ. Basic Facts 456
Ⅱ. Problems Raised 457
Ⅲ. Analysis of the Application of Theory to the Expansion of the Validity of Arbitration Agreements Concluded in the Name of
a Group Company 459
Ⅳ. Improvement of the Legal System for the Expansion of the
Validity of Arbitration Agreements Concluded by Group
Company in China 477
Conclusion 483
Studies on the Production of Evidence After the Expiry of the Time Period
in Commercial Arbitration 484
Ⅰ. Significance of Studies on Production of Evidence After the
Expiry of the Time Period 485
Ⅱ. The Relationship Between “Producing Evidence After the Expiry
of the Time Period” and “ Violation of Arbitration Rules” 489
Ⅲ. The Connection Between the Evidence Produced After the Expiry
of the Time Period and the Deliberate Concealment of Evidence
by the Holder (and Setting Aside the Arbitration Award) 497
Ⅳ. How to Correctly Deal with the Arbitral Tribunal’s Arbitrary Admission to the Evidence Produced by the Other Party After
the Specified Time Period 499
Ⅴ. Legislative Proposals on Legal Issues concerning Evidence
Produced After the Expiry of the Time Period 501