


































Economics, Law and Policy 
ISSN 2576-2060 (Print) ISSN 2576-2052 (Online) 

Vol. 8, No. 2, 2025 

www.scholink.org/ojs/index.php/elp 

162 
 

Original Paper 

Research on the Current Situation and Countermeasures of 

International Commercial Arbitration in China 

Songqi Liu
1
 

1
 School of Ocean Law and Humanities, Dalian Ocean University, Dalian, China 

 

Received: September 5, 2025  Accepted: September 17, 2025 Online Published: September 19, 2025 

doi:10.22158/elp.v8n2p162               URL: http://dx.doi.org/10.22158/elp.v8n2p162 

 

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. 

Keywords 

International commercial arbitration, Provisional arbitration, arbitration institutions, artificial 

intelligence 

 

 

 



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1. Analysis of the Current Situation of International Arbitration in China 

1.1 Legislative Basis of International Commercial Arbitration in China 

China’s international commercial arbitration has developed relatively early. Domestically, the 

“Arbitration Law of the People’s Republic of China” serves as the core of the law. Chapter 7 of this 

law specifically regulates foreign-related arbitration. It will be further revised in 2024, clarifying 

interim arbitration and improving the standards for determining the validity of arbitration agreements, 

among other contents. The corresponding Chapter 26 of the Civil Procedure Law of the People’s 

Republic of China also makes specific provisions. As supplementary judicial interpretations, the 

“Interpretation on Several Issues Concerning the Application of the Arbitration Law of the People’s 

Republic of China” and the “Provisions on Several Issues Concerning the Judicial Review of 

Arbitration” unify the reporting system for judicial review of arbitration in the mainland and 

foreign-related arbitration. The relevant jurisdictional courts except for maritime and commercial cases 

have been clearly defined, and the principle of “conducive to the validity of the agreement” shall be 

followed when the two parties have not agreed on the applicable law of the arbitration clause. China’s 

accession to the New York Convention in 1987 constitutes the core basis for cross-border enforcement. 

1.2 Current Situation of International Commercial Arbitration Institutions in China 

The major international commercial arbitration institutions in China include the China International 

Economic and Trade Arbitration Commission (CIETAC), the Beijing Arbitration Commission (BAC), 

the Shanghai International Economic and Trade Arbitration Commission (SHIAC), and the Shenzhen 

Court of International Arbitration (SCIA). All of them have ranked among the world’s most active 

arbitration institutions. These institutions have revised arbitration rules, introduced emergency 

arbitrators, consolidated arbitration, third-party funding and other systems, and expanded the 

proportion of foreign arbitrators on the list. In some institutions, the proportion of foreign arbitrators 

exceeds 30%, such as SCIA, which pays more attention to the internationalization of the arbitrator 

structure. The newly established international arbitration courts in Hainan, Chengdu-Chongqing and 

other places, relying on the policy advantages of the free trade zones, have been actively exploring 

innovations in cross-border arbitration rules. For instance, the Hainan International Arbitration Court 

allows the parties to agree that overseas arbitration institutions will manage domestic arbitration 

procedures. All major institutions have established relatively complete systems for the list of arbitrators 

and are gradually transitioning to an “open list” system, allowing parties to appoint arbitrators outside 

the list. In terms of the adjudication mechanism, Chinese arbitration institutions adhere to the “final 

award” principle, meaning that once an arbitration award is made, it has final effect and does not 

require a court review. Meanwhile, the institution has established certain internal mechanisms for 

controlling the quality of arbitration awards, such as a review system for draft awards, to ensure the 

fairness and legal consistency of the arbitration results. Some institutions have also established 

dedicated research departments to provide procedural or substantive guidance on major and complex 

cases, thereby enhancing the overall quality of adjudication. However, from the perspective of the 



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external environment, the establishment of their own office areas in China by well-known international 

institutions such as the Court of Arbitration of the International Chamber of Commerce and the 

Singapore International Arbitration Centre, as well as the entry of many high-level international 

commercial arbitration institutions, will inevitably have an impact on China’s international commercial 

arbitration institutions and create intense competition with them. but competition can promote the 

development of international commercial arbitration in China (Guo, L. L., 2024). 

1.3 Arbitration Institutions Are Accelerating the Pace of Digital Transformation 

Although China’s international commercial arbitration is accelerating its digital transformation, 

compared with mature countries such as Singapore and the United Kingdom, China’s international 

commercial arbitration is still in the stage of structural optimization and mechanism integration in the 

application of digitalization, and has not yet formed an intelligent and interconnected systematic digital 

arbitration system. At present, digital technology is integrating with arbitration in the form of new 

concepts, new models and new business forms. Intelligence has changed the trajectory of the 

development of the international commercial arbitration system (Liu, X. H., & Feng, S., 2024, pp. 

63-82, pp. 200-201). In 2023, the China International Economic and Trade Arbitration Commission is 

committed to fully leveraging digital technologies to enhance arbitration services. Focus on improving 

the online application system and optimizing the intelligent dispute resolution platform. In 2024, there 

were 1,804 cases filed online throughout the year, accounting for one-third of the total number of cases, 

with a year-on-year growth of 34.63% (Liu, Y. F., 2025, pp. 25-37). Currently, artificial intelligence 

(AI) is playing an active role in the field of international commercial arbitration, achieving a leap from 

“tool-type” to “decision-making assistance type”. It can help arbitrators process relevant information 

more quickly, as well as draft agreements, select arbitrators, and intelligently generate judicial 

documents, etc. The Guangzhou Arbitration Commission has launched the world’s first AI secretary, 

“Zhong Xiaowen”. Complete the international commercial arbitration hearing without a real secretary. 

However, its wide promotion is still limited by multiple factors such as lagging legal rules and 

insufficient trust from the parties involved. 

 

2. Problems Faced by International Commercial Arbitration in China 

2.1 Legislative Deficiencies in China’s International Commercial Arbitration 

Arbitration, as the most commonly used means of resolving international commercial disputes, is more 

efficient in resolving disputes compared to litigation, which is time-consuming and costly. Although 

the “Arbitration Law of the People’s Republic of China” has been implemented and partially adjusted, 

it still lags behind the progress of international commercial arbitration and fails to fully conform to the 

internationally accepted standards. The most prominent contradiction is reflected in the legal absence 

of the AD hoc arbitration system. AD hoc arbitration is a highly flexible arbitration system. Its notable 

feature is that the arbitration process does not require the leadership of a permanent arbitration 

institution. The parties enjoy full autonomy and can jointly select arbitrators to advance dispute 



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resolution in accordance with agreed or established arbitration rules until a ruling is formed (Qiao, X., 

2015). At present, the 2024 “Arbitration Law (Revised Draft)” has made amendments to AD hoc 

arbitration. However, both Article 16 and Article 18 of the current “Arbitration Law” of China require 

that an arbitration agreement must select an arbitration commission, resulting in incompatibility 

between the legal provisions. Secondly, although China has not explicitly prohibited “interim 

arbitration”, it has only been explored in some regions. The 2024 Revised Draft has significantly 

narrowed the scope of application of the provisional arbitration system compared to 2021, limiting it to 

disputes arising in foreign-related maritime affairs and disputes with foreign-related factors between 

enterprises registered and established in free trade zones approved by The State Council. When 

applying “interim arbitration”, the selection of interim arbitrators and other related supporting 

procedures should be taken into consideration. AD hoc arbitration allows the parties to independently 

determine key procedural matters such as arbitration rules, the number and appointment method of 

arbitrators, the place of arbitration, language and applicable laws based on the characteristics of the 

case and their own needs. It is not bound by the fixed rules of institutional arbitration and places greater 

emphasis on the autonomy of the parties and the “contract-based” nature of the arbitration system. Its 

approach is contrary to the common practice in the field of international arbitration. In a cross-cultural 

and different legal tradition context, AD hoc arbitration offers the parties the possibility to avoid 

institutional preferences and cultural conflicts. As it is not subject to the requirements of institutional 

filing and public announcement, the interim arbitration procedure is usually more confidential. The 

interim arbitration has simplified the basic process in international commercial arbitration, shortened 

the cost of time and money. The various advantages of interim arbitration have attracted more 

international commercial entities (Shi, C. L., 2018, pp. 24-31). The absence of the provisional 

arbitration system in China has led to a decline in the competitiveness of China’s international 

commercial arbitration in international commercial arbitration centers, hindering the 

internationalization process of China’s international commercial arbitration. 

2.2 The Internationalization Degree of Arbitration Institutions Is Insufficient 

It is still weak in the internationalization of arbitration institutions. Although arbitration institutions 

represented by CIETAC have carried out international arbitration business, their composition of 

arbitrators, arbitration language, and procedural design still show a trend of localization. According to 

statistics, the proportion of foreign arbitrators currently registered with CIETAC is less than 30%, and 

the majority of foreign arbitrators have not participated in substantive case adjudication. According to 

the 2023 annual report of CIETAC, foreign arbitrators were appointed a total of 136 times throughout 

the year, among which 90 times were solely held by foreign parties. There are still deficiencies in the 

internationalization of the institution. Meanwhile, the majority of arbitration proceedings are conducted 

in Chinese. According to the CIETAC report, only about 2% of cases were handled in pure English or 

bilingual (Chinese and English) in 2022, reflecting that English support remains relatively weak. It sets 

a threshold for international commercial parties whose main language is English. Strengthening the 



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guarantee of foreign-related legal talents is the primary task for promoting the high-quality 

development of the Belt and Road Initiative and realizing its institutionalization (Qi, S., & Ren, L. F., 

2024, pp. 351-366). Many countries along the Belt and Road Initiative use minor languages as their 

national languages, and different legal systems and cultural backgrounds have all increased the 

cultivation of legal talents related to international business in China. At present, the vast majority of 

higher education institutions focus on the output of domestic legal theories, while the cultivation of 

practical abilities in international arbitration is relatively scarce, and high-quality specialized projects 

are also scarce. There are approximately 640 regular colleges and universities across the country that 

offer law-related majors, among which only about 30 have substantially established commercial 

arbitration courses. These institutions mainly include 20 leading universities participating in the joint 

Master’s program in international arbitration by the Ministry of Education and the Ministry of Justice, 

as well as a few universities that independently offer in-depth arbitration practice courses. Overall, the 

proportion of law schools that systematically offer commercial arbitration courses is only about 4.7%. 

Under the background of the Belt and Road Initiative, there is a significant gap between this proportion 

and the urgent need for international arbitration talents. 

2.3 Legal Challenges of Digital Technology in International Commercial Arbitration 

Based on algorithms and deep learning technologies, artificial intelligence can assist arbitration 

tribunals in organizing evidence, focusing on disputes, automatically forming tribunals and advancing 

procedures, and helping to write awards, comprehensively enhancing arbitration efficiency and 

effectively reducing costs. Digital technology is not neutral. The application of artificial intelligence 

can significantly reduce the amount of case files that arbitrators review, more efficiently complete the 

ascertaining of case facts, and achieve a certain accuracy rate. The overall case processing time can be 

reduced to two-thirds. However, as long as 1% of errors are implemented in the case, it may affect the 

fairness and impartiality of the case (Ma, C. S., 2024, pp. 127-142). In the arbitration mechanism, a 

virtualized arbitration system may have an impact on the autonomy of the parties’ will. Firstly, in a 

virtual hearing, when the parties to the arbitration have agreed to resolve the dispute through arbitration 

but have not reached an agreement on whether to adopt a virtual hearing, or when one party explicitly 

opposes the online procedure, does the arbitration tribunal have the right to forcibly arrange an online 

hearing? If both parties immediately and clearly express their acceptance of the virtual hearing, can the 

arbitration tribunal still refuse to adopt the online procedure at this time? (Ning, Y., 2024, p. 1138). 

Secondly, under the virtualized arbitration system, if the parties do not agree on the place of arbitration 

through autonomy of will, where exactly the place of arbitration for online arbitration awards should be 

becomes a problem (Liu, X. H., & Feng, S., 2024, pp. 63-82, pp. 200-201). If the place of arbitration 

cannot be established, it may result in different applications of the governing law and make it 

impossible for both parties to determine in which country they should file a lawsuit to apply for 

revocation or enforcement. Secondly, the application of artificial intelligence will undermine the 

advantages of arbitration. The resolution of commercial disputes inevitably involves a large amount of 



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commercial sensitive information and personal information. The application of artificial intelligence 

will inevitably lead to a large number of judgments being made public. The supervision and security 

assessment mechanism for cross-border data flow is still not perfect, which is prone to cause disputes 

and even legal risks in foreign-related commercial disputes. 

2.4 Facing the Predicament of Handling ESG Disputes 

When dealing with disputes related to environment, society and governance (ESG), China’s 

international commercial arbitration is confronted with a series of legal challenges and institutional 

bottlenecks. The current international commercial settlement mechanism in China has not yet formed a 

complete response system. With the development of the global era, ESG has become one of the top ten 

important matters in international business. At present, the domestic academic circle’s research on ESG 

is still confined to the field related to climate change response, and the research is relatively limited 

(Gao, Q., 2023, pp. 165-177). First, traditional commercial arbitration mainly focuses on property 

disputes, while ESG disputes often involve non-property obligations, typically including carbon 

neutrality commitments and corporate social responsibility, and are highly dynamic and morally 

oriented. Courts find it difficult to clearly define the boundaries of rights and obligations during case 

acceptance and trial, leading to the practical predicament of “difficulty in case acceptance” and 

“difficulty in characterization” for some ESG-related arbitrations. Second, the boundaries of disputes 

are ambiguous. Traditional arbitration centers on “commercial” disputes, which are characterized by 

private rights, meaning that disputes are limited to the disposition of private law rights among equal 

civil subjects. Disposability means that the parties have the right to freely dispose of the subject matter. 

The autonomy of will and the jurisdiction of arbitration stem from the prior or temporal agreement of 

the parties. From the perspective of ESG, first of all, ESG carbon emission responsibility involves 

public environmental rights, community human rights violations and social welfare, which go beyond 

the scope of private rights. Secondly, the responsibility for environmental restoration cannot be 

unilaterally exempted by enterprises. Finally, third-party victims such as affected workers in the supply 

chain and residents of contaminated communities are unable to sign arbitration agreements. 

 

3. Improve the Path for International Commercial Arbitration in China 

3.1 Implement a Dual-Track Legislative Model of Interim Arbitration and Institutional Arbitration 

Rules 

At present, institutional arbitration dominates the arbitration field in our country, and the arbitration 

law and rule system is also constructed around institutional arbitration. This model has formed a solid 

operational foundation and inertia. To reduce the impact on the existing arbitration system and promote 

the effective implementation of the interim arbitration system, it is suggested that a dual-track 

legislative model of parallel interim arbitration and institutional arbitration rules be established in the 

“Revised Draft”. Specifically, independent rule systems should be established for each of the two 

arbitration models, with dedicated chapters set up to systematically regulate AD hoc arbitration. The 



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practice of embedding AD hoc arbitration rules into the legislative framework of institutional 

arbitration should be abandoned. When implementing dual-track legislation, on the one hand, it is 

necessary to clearly distinguish the differences between institutional arbitration and AD hoc arbitration 

in terms of the scope of application, the determination of the validity of arbitration agreements, and the 

mechanism for selecting arbitrators, to avoid confusion in the application of rules. On the other hand, 

the coordination and interaction between the two should be strengthened. Arbitration institutions can be 

allowed to moderately intervene in the interim arbitration procedure, providing professional support 

and procedural assistance for the interim arbitration to ensure the smooth progress of the interim 

arbitration process.  

Expand the scope of application of the interim arbitration system. The primary task is to expand the 

applicable boundaries of the interim arbitration system. This can be achieved by deleting or relaxing 

the existing restrictive provisions on the scope of application of interim arbitration, fully respecting the 

parties’ right to independently choose the arbitration method, and releasing the flexible and efficient 

institutional advantages of interim arbitration. This move not only meets the diverse demands of the 

parties for dispute resolution methods, but also helps China’s arbitration system align with international 

common practices, enhancing the internationalization level of the arbitration field. 

3.2 Optimize the Structure and Governance Mechanism to Enhance the Internationalization Level of 

Arbitration 

To address the issue of insufficient internationalization of arbitration institutions, it is urgent to 

promote systematic improvements from three dimensions: optimizing the structure of the arbitrator 

team, enhancing language service capabilities, and internationalizing institutional governance. First, a 

clear target for increasing the proportion of foreign arbitrators should be set. It is encouraged to 

introduce high-level arbitration experts with backgrounds in the common law system, EU law, and the 

legal jurisdictions of countries along the Belt and Road Initiative. In particular, in international 

commercial cases, arbitrators with international reputation and practical experience should be given 

priority to be appointed as presiding arbitrators or sole arbitrators. Second, improve the language 

system design to ensure that when parties choose common languages such as English, arbitration 

institutions have the corresponding procedural organization, written material processing and award 

writing capabilities, and safeguard the equal procedural rights of non-Chinese parties. Third, promote 

the internationalization reform of the management of arbitration institutions, introduce international 

experts into key governance structures such as rule-making committees and procedural supervision 

departments, and enhance the transparency and credibility of the system. Through the above measures, 

it is expected to enhance the international appeal and competitiveness of China’s arbitration mechanism 

and achieve a true international transformation. Fourth, we will promote cooperation between 

universities and arbitration institutions as well as law firms to establish joint training programs, 

strengthen practical teaching and case studies, expand the coverage and training scale of the Master of 

International Arbitration program, and encourage the establishment of more high-quality special 



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programs focusing on commercial dispute resolution along the Belt and Road Initiative. 

3.3 Build a Secure and Efficient International Commercial Digital Arbitration Procedure Rule System 

Artificial intelligence should be positioned as an “auxiliary tool” rather than a “judicial subject”, and 

the core principle should always be to safeguard procedural justice and the autonomy of the parties’ 

will. During the arbitration process, artificial intelligence can be used for “technical matters” such as 

initial evidence screening, identification of disputed points, and process scheduling, rather than 

participating in the substantive judgment of the case and the determination of the award result, to 

ensure that the arbitration tribunal retains the final discretion and avoid the fairness of dispute 

resolution being affected by algorithmic errors. Specialized norms should be formulated to clearly 

define the functional boundaries, responsibility assumption and result review mechanisms of artificial 

intelligence applications, and strike a balance between efficiency improvement and rights protection. 

Secondly, the applicable boundaries of virtual procedures should be clearly defined in the arbitration 

procedure rules, and the parties’ right to express themselves regarding the online arbitration model 

should be strengthened. In terms of the application of virtual hearings, the basic principle of “voluntary 

participation by both parties and priority given to mutual agreement through procedures” should be 

established. When one party refuses an online procedure, the arbitral tribunal shall not force an 

arrangement. When both parties clearly express their acceptance of the virtual hearing, the arbitration 

tribunal should also respect the parties’ choice and must not arbitrarily refuse the online procedure 

arrangement. At the same time, clear regulations should also be made on the issue of “online arbitration 

venues” to ensure that the legal application, revocation and enforcement paths of the awards are stable 

and predictable. The legal effect of electronic arbitration agreements and the acceptance standards for 

electronic signatures can be clearly defined by referring to the arbitration rules of the International 

Chamber of Commerce and the practices of the Singapore International Arbitration Centre, 

fundamentally resolving the legal application obstacles caused by the uncertainty of the arbitration 

venue. 

3.4 System Construction for Addressing ESG Disputes 

In the face of the challenges posed by ESG disputes to traditional international commercial arbitration 

mechanisms, China needs to establish an arbitration resolution system that is in line with them. It is 

suggested that the Supreme People’s Court issue judicial interpretations to clearly incorporate specific 

ESG disputes into the category of “commercial relations”, and encourage arbitration institutions to 

establish dedicated ESG dispute procedure rules to address the issues of “difficulty in case acceptance” 

and “difficulty in characterization”. In terms of jurisdiction, it is possible to allow groups whose 

interests have been compromised to elect representatives to participate in arbitration, or to incorporate 

third parties in the supply chain into the arbitration constraints through the principle of “agreement 

inheritance”, in order to break through the restrictions imposed on third parties by traditional arbitration 

agreements. To address the conflict between the demand for ESG transparency and the confidentiality 

of arbitration, a transparency rule of “confidentiality as the principle and disclosure as the exception” 



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should be established, allowing the parties to jointly choose to disclose the desensitized summary of the 

reasons for the award to respond to public interest concerns. At the same time, it is necessary to 

strengthen the construction of the arbitrator team, establish a list of ESG expert arbitrators and provide 

professional training to enhance the ability of arbitration tribunals to handle cross-disciplinary disputes. 

In addition, it is necessary to encourage the embedding of ESG professional mediation links in the 

arbitration process, and take advantage of the mediation to seek comprehensive solutions including 

enterprise rectification, environmental restoration and other contents, so as to meet the dynamic and 

ethically-oriented needs of ESG disputes. 

 

4. Conclusion 

China’s international commercial arbitration has made remarkable progress in institutional construction, 

rule innovation and digital transformation, and has become an important participant in the global 

arbitration governance system. However, it still faces challenges such as the absence of an interim 

arbitration system, insufficient internationalization of institutions, lagging application rules of digital 

technology, shortage of high-end foreign-related talents, and insufficient ability to deal with new types 

of disputes such as ESG. For this reason Systematic measures should be taken, such as 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 program boundaries and review mechanisms 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. 

Comprehensively enhance the international competitiveness, credibility and adaptability of China’s 

international commercial arbitration, and provide strong support for building a new pattern of 

higher-level opening up and a new highland of arbitration in the Asia-Pacific region. 

 

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25-37.  

Ma, C. S. (2024). The Legal Boundaries of Digital Justice. Eastern Law, 2024(04), 127-142. 

 



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https://doi.org/10.12677/DS.2024.102156

