The question of conflict of jurisdictions between courts and arbitral tribunals not merely constitutes a purely theoretical issue, but it also has significance in the legal practice. When many countries show allowance to arbitration and support its development to the greatest extent, few courts in China fail to tackle the relationships between arbitration and courts. By means of an analysis of possible conflict of the jur isdictions between courts and arbitral tribunals, this article pleas for a supportive attitude of courts with respect to arbitration, so as to reduce the impact of courts’ judicial supervision on the due arbitration proceeding. In-depth theoretical discussions will develop on the principle of “competence-competence” and its application in China, justifying the conclusion that the essence of this principle is to have disputes between parties in arbitration agreements solved within the arbitration system and thereby to respect the parties’ decision to submit to arbitration.

Resolving Jurisdiction Conflicts between Courts and Arbitral Tribunals
  Ⅰ. Introduction
  Ⅱ. The Types of Jurisdictional Conflicts Between Courrs and Arbitral Tribunals
  Ⅲ. Solving the Jurisdiction Conflict between Courts and Arbitral Tribunals
  Ⅳ. Legislative Framework for Arbitral Jurisdiction in China
  Ⅴ. Conclusion

• Xiaohong Liu(law at East China University of Political Science & Law)