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

This article examines China’s aspiration to be a leader in global arbitration, because of innovative developments in global economic outlooks that consider doing business with China as part of a new sustainable economic eco-system. To achieve this, three key factors, namely independence, internationalism, and immunity are analyzed within 21st-century global arbitration development and standards. The article advances a critical argument for a sustainable approach in the implementation of independence, internationalism, and immunity dimensions impacting arbitration in China given national imperatives for arbitration law revision within China to accommodate global standards and ethics. Implementation of Chinese arbitration law and practice has witnessed numerous legal issues deemed unfavorable towards foreign parties as perceived under the Arbitration Law of the People’s Republic of China. What then is the proper way forward for China given evolving international arbitration standards in governance and independence impacting independence, internationalism, and immunity? The discussion will see triangulation with key arbitration practices by leading arbitration centers. The literature review indicates underpinning implications involving independence, internationalism, and immunity in China's arbitration practice which are highlighted with emphasis on law reform and revision of China's domestic arbitration practices. The analysis of the research discussed herein will be based on case law and case studies. The new findings in this research will provide valuable inputs for the effective implementation of innovative arbitration practices in China and beyond. Addressing the problem statement of independence, internationalism, and immunity is therefore essential in the transformation towards a sustainable and efficient global arbitration system in China and beyond.