James Zimmerman
James M. Zimmerman is a Beijing-based lawyer and writer who has lived and worked in China for more than twenty-six years. He is among China’s leading foreign lawyers and represents companies and individuals confronted with the political and legal complexities of doing business in Mainland China. He is the former four-term chairman of the American Chamber of Commerce in China.
James is the author of the acclaimed book, The Peking Express: The Bandits Who Stole A Train, Stunned the West, and Broke the Republic of China. Released: April 4, 2023. See www.ThePekingExpress.com. Mr. Zimmerman is also the author of The China Law Deskbook, a publication of the American Bar Association (1999-2015).
Mr. Zimmerman is a Partner in the Beijing office of the international law firm of Loeb & Loeb LLP.
Practice Area
Panel
- Contributing Author
Membership
- California Bar Association
- American Bar Association
Qualification
- California Bar (1988)
Education
- University of San Diego (JD) (1987)
- University of California, Irvine (MBA) (1984)
- University of California, Irvine (BA) (1982)
2 Contributions by James Zimmerman
PRACTICE NOTES
Ad hoc arbitration in China: validity, choice of law and seat, arbitrator selection, FTZ and maritime exceptions, enforcement, and the 2025 Arbitration Law revision effective 1 March 2026
This Practice Note examines ad hoc arbitration in China within the framework of Chinese law. China International Commercial Court. For a broader overview of ad hoc arbitration, see Practice Note: Ad hoc arbitration—an introduction to the key features of ad hoc arbitration.
Requirement to provide an administering institution
Arbitration in China falls under the Arbitration Law (promulgated by the Standing Committee of the National People’s Congress on 31 August 1994, effective from 1 September 1995, and amended in 2009, 2017 and 2025) (the Arbitration Law). Article 16 of the Arbitration Law mandates that parties to an arbitration agreement designate an institution in their agreement to administer the proceedings. This has been read as invalidating awards rendered in ad hoc arbitrations—i.e., proceedings conducted without institutional administration. Note that Chinese courts do not recognise precedent, and therefore there is no binding case law on this issue. Nonetheless, the stipulation that an arbitral institution must manage the process has not been applied strictly in practice in China. Importantly, the revised Arbitration Law, taking effect on 1 March 2026, conditionally recognises ad hoc arbitration for defined categories of disputes, signalling a notable shift in China’s arbitration framework...
Arbitration
PRACTICE NOTES
Mainland China (PRC) recognition and enforcement of arbitral awards: statutory framework, New York Convention practice, refusal grounds (public interest), free trade zone reforms, and judicial barriers and trends.
This Practice Note examines the recognition and enforcement of arbitral awards in the People’s Republic of China (PRC; China). Note: Chinese court judgments are not reported by LexisNexis® UK.
Requirement to comply with the arbitral award under Chinese law
Under Chinese law, parties to arbitration are obliged by the Arbitration Law to carry out the award (Arbitration Law, art 62, Civil Procedure Law, arts 248 (domestic arbitration) and 287 (foreign related arbitration)). Where no time limit is stipulated for execution, compliance must be immediate (Arbitration Law, arts 57 and 62). If the losing party declines to honour the award, including sums due or the transfer of property, the successful party may apply to the people’s courts for enforcement (Arbitration Law, art 62 and Civil Procedure Law, art 248).
Grounds for refusal of enforcement by Chinese court
An arbitral award is final, and the court lacks jurisdiction to entertain a dispute that has been properly resolved through arbitration (Arbitration Law, art 9). However, under the Civil Procedure Law (domestic) and the Arbitration Law (foreign), the court will not issue a judgment enforcing...
Arbitration
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