ARBITRATION IN CHINA AND ASEAN: ISSUES AND CHALLENGES

This paper seeks to explore key issues and challenges impacting trade and business disputes between China and ASEAN countries. Arbitration has become increasingly popular as a dispute resolution mechanism in China and ASEAN, especially with the rise of cross-border transactions and foreign investment. However, there are several challenges and issues associated with arbitration in the region. One major challenge is the lack of uniformity and clarity in the legal framework. There is a diverse legal system in the region, and the inconsistency in the arbitration laws and regulations makes it difficult for parties to agree on the arbitration process. Another challenge is the shortage of qualified arbitrators in the region, which can lead to delays and affect the quality of arbitration awards. The cost of arbitration is also an issue, and the lack of transparency in the cost structure can create disputes between parties, further delaying the arbitration process. The lack of public awareness and education about arbitration is another challenge, which can lead to parties opting for traditional litigation methods. Finally, the lack of transparency in the arbitration process can create mistrust among parties, affecting the credibility of the process. Addressing these challenges will require collaboration between governments, arbitration institutions, and stakeholders in the region to ensure the effectiveness and efficiency of the arbitration process.