Financial Dispute Resolution in China: Arbitration or Court Litigation?

Abstract

Determining the appropriate venue for the resolution of financial disputes is a question that has received increased attention in recent years given the growth in financial and banking-related disputes. Within China, the general consensus has been that arbitration is generally to be preferred to in-court litigation due to several factors including practical and court-related considerations. This article critically compares how China’s national arbitration commissions and specialized financial courts are responding to new challenges brought about by an increase in the number of banking related disputes.