Settling International Business Disputes with China: Then and Now
A Generation Later— Substantial Progress, but . . . . . . . . . . . . . . . . . . 558 R I. Mediation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 558 R II. Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 561 R III. Adjudication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565 R Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 567 R
Implementation of the New York Convention in China
In China, the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards2 gained the force of law by virtue of the “Decision of the Standing Committee of the National People’s Congress on China Joining the Convention on the Recognition and Enforcement of Foreign Awards” which was adopted on 2 December 1986, and the Convention entered into force on April 22, 1987.3 Since that time, China has recognized and enforced many foreign arbitral awards. According to statistics from a survey by the Supreme People's Court,4 among 74 cases of application for the recognition and enforcement of foreign arbitral awards, arbitral awards were recognized and enforced in 58 cases; and only in 5 cases the applications were denied.5 In recent years, China has begun to favor international commercial arbitration. The New York Convention is being implemented strictly, and Chinese courts are trying to interpret it appropriately so as not to pose any unreasonable barrier to international commercial arbitration.
Die wisselwerking tussen ekonomiese en konstitusionele hervormings in Suid‐Afrika
Abstract This article deals with the interplay between economic and constitutional reforms in South Africa. Historical and contemporary forces which obtain in these spheres are taken into consideration after which a number of conclusions are drawn.