Tyler Atkinson

Tyler Atkinson

Tyler Atkinson is a partner of McManis Faulkner, a law firm based in Silicon Valley.  For details about his professional experiences, please visit this page.

For more information about this author’s analysis, please read:

Guiding Case No. 196: Supreme People’s Court Adopts a Liberal Approach to Arbitration While Leaving Room for Unexplored Situations
Guiding Case No. 196: Supreme People’s Court Adopts a Liberal Approach to Arbitration While Leaving Room for Unexplored Situations

Guiding Case No. 196 (“GC196”) holds that, under Chinese law, an agreement to arbitrate is independently enforceable, even if the agreement was intended to be part of a larger contract that never fully formed. Through a comparison of GC196 with U.S. law, Tyler Atkinson explains why GC196 shows that Chinese law is arguably more favorable to arbitration than the law of the United States, a jurisdiction that, itself, strongly favors arbitration. He also shares practical insights about what companies affected by GC196 should do to avoid the risk of being forced into arbitration.

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