A Uniform, Internationally Oriented Legal Framework for the Recognition and Enforcement of Foreign Arbitral Awards in Mainland China, Hong Kong and Taiwan?

The growth in commercial transactions with Mainland China, HongKong Special Administrative Region and the Taiwan region (Taiwan)as well as the economic integration in the entire area havelead to an increase in disputes. Considering the importanceof arbitration as a mechanism for resolving commercial disputesin the area, the paper discusses whether a substantial "clash"between their legal frameworks for the recognition and enforcementof foreign arbitral awards can be observed. After a criticalanalysis, the paper concludes that these frameworks are eithersubject to or modelled on the New York Convention. Yet, eachhas a distinct approach to the implementation, and dissimilaritiesarise. Furthermore, the specific legal framework for the recognitionand enforcement of Mainland China awards in Hong Kong and Taiwan,and vice versa, still raises some concerns and is not fullyreliable.