Building a Global International Arbitration Center of China: Independence, Internationalism and Immunity

This paper explores contemporary issues and provides insights into arbitration as practiced in China’s cross border business and commercial domains. It employs a qualitative methodology to evaluate the numerous issues, challenges and critical success factors impacting arbitration as a whole including ad-hoc arbitration wherever possible. It seeks to establish a practical connection between three key arbitration issues encompassing Independence, Internationalism and Immunity in relation to arbitration megatrends of the 21st century. In the synthesis, it proposes for a sustainable approach in the implementation of key factors comprising Independence, Internationalism and Immunity dimensions impacting arbitration as a whole in China. The research highlights the importance of a need for transformation within China arbitration law from several critical aspects and practice of arbitration as observed within boundary of the Arbitration Law of the People’s Republic of China. It examines the influence of the major initiatives and treaty such as Belt and Road Initiative and CPTPP on arbitration practices in China in view of global standard in governance and independence. Major arbitration major issues and the efforts by lead arbitration centers in China impacting Independence, Internationalism and Immunity dimensions are synthesized in details. Legal issues having global implications involving Independence, Internationalism and Immunity in China are highlighted with emphasis on law reform and revision. This is in view of China’s aspiration to modernize arbitration practices and the need for the internationalization and sustainability of China arbitration practices. In so doing, the research will look at several case law and case study as major indicator for legal insights and developments impacting arbitration dimension. The finding provides valuable insights for an effective implementation of ad hoc arbitration in China and beyond revolving around Independence, Internationalism and Immunity. Understanding and addressing these challenges are essential for long-term cross border businesses development pertaining to arbitration practice in China and for the transformation of a sustainability and efficient global arbitration system in China.