Arbitration in cross-border insolvency proceedings: the Chinese perspective

Parry, R ORCID: https://orcid.org/0000-0001-8285-2191 and Long, Y, 2025. Arbitration in cross-border insolvency proceedings: the Chinese perspective. International Insolvency Review, 34 (1), pp. 77-102. ISSN 1180-0518

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Abstract

The approach to recognition and assistance in cross-border insolvency proceedings in China has tended to be restrictive. In contrast the approach of Chinese courts to foreign arbitrations has been different. Arbitration has been the favoured means of dispute resolution in China’s efforts to participate in world trade and the global economy after 1978. Accordingly, the arbitration legal system has advanced relatively quickly in line with international norms set out under the New York Convention. There are good prospects for recognition of foreign arbitral awards in China and arbitration is well integrated with China’s domestic insolvency system. In contrast, China’s attitude towards foreign insolvencies remains cautious, even in spite of an arrangement with Hong Kong Special Administrative Region. We consider how foreign arbitrations might fare in Chinese insolvencies. We also consider whether the openness to international arbitrations can ameliorate any aspects of the presently restrictive approach to cross-border insolvencies.

Item Type:	Journal article
Publication Title:	International Insolvency Review
Creators:	Parry, R. and Long, Y.
Publisher:	Wiley
Date:	6 May 2025
Volume:	34
Number:	1
ISSN:	1180-0518
Identifiers:	Number Type 2228893 Other 10.1002/iir.1564 DOI
Rights:	This is the peer reviewed version of the following article: Long, Y., & Parry, R. (2025). Arbitration in cross-border insolvency proceedings: the Chinese perspective. International Insolvency Review, 34(1), 77-102. which has been published in final form at https://doi.org/10.1002/iir.1564. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions. This article may not be enhanced, enriched or otherwise transformed into a derivative work, without express permission from Wiley or by statutory rights under applicable legislation. Copyright notices must not be removed, obscured or modified. The article must be linked to Wiley’s version of record on Wiley Online Library and any embedding, framing or otherwise making available the article or pages thereof by third parties from platforms, services and websites other than Wiley Online Library must be prohibited.
Divisions:	Schools > Nottingham Law School
Record created by:	Laura Borcherds
Date Added:	30 Sep 2024 07:58
Last Modified:	04 Jun 2025 09:19
URI:	https://irep.ntu.ac.uk/id/eprint/52315

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