Research on the Current Situation and Countermeasures of International Commercial Arbitration in China

Abstract

This article aims to systematically analyze the current development status, existing problems and countermeasures of international commercial arbitration in China. China’s international commercial arbitration takes the Arbitration Law of the People’s Republic of China as its core legal framework, relies on international treaties such as the New York Convention to achieve cross-border enforcement, and gradually forms an international arbitration institution system. However, it still faces challenges such as the absence of a provisional arbitration system, insufficient internationalization of institutions, lagging rules for the application of digital technologies, a shortage of high-end foreign-related talents, and insufficient capacity to deal with new types of disputes. This article proposes that systematic measures should be taken, including establishing a dual-track legislative model of interim arbitration and institutional arbitration in parallel, expanding the openness of the arbitration system, optimizing the structure of arbitrators and multilingual service capabilities, clarifying the procedural boundaries and ethical rules of artificial intelligence applications, strengthening foreign-related arbitration and the training of legal talents in countries along the “Belt and Road”, and exploring special arbitration rules for new types of disputes such as ESG To comprehensively enhance the international competitiveness and credibility of China’s international commercial arbitration, and provide support for building a new highland of arbitration in the Asia-Pacific region and serving high-level opening up to the outside world.