A CRITIQUE OF THE CRIME OF DELIBERATELY RENDERING AN ARBITRAL AWARD IN VIOLATION OF LAW

Abstract

The crime of deliberately rendering an arbitral award in violation of law was provided at the end of Article 20 of the Amendment VI to the Criminal Law of the People’s Republic of China. Such a crime is likely to be misunderstood because views are sharply divided on its implication and scope of application. In addition, pertinent provisions are not manipulable. The wording of violation of law should not be included in articles of the law, as legalese. The charge is the product of redundant legislation, whose provisions are bound to be considered as pieces of blank paper. The creation of the crime disrespects arbitration, and removes the peculiarities of it. The charge of the crime undermines the profession of international arbitration. Therefore, the crime should be repealed. Where cases were arbitrated wrongly, and social harms were caused, criminal law and other laws would serve as remedies.

Keywords

crime of deliberately rendering an arbitral award in violation of law / arbitrators' liability / arbitration view / criminal law amendment

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