Weixia Gu on China’s Modernization of International Commercial Arbitration and Transnational Legal Order (JITCL)

"China’s Modernization of International Commercial Arbitration and Transnational Legal Order"

Weixia Gu

The UC Irvine Journal of International, Transnational, and Comparative Law, Volume 9, Issue 1, 2024

Published online: October 2024

Abstract: China’s interaction with international commercial arbitration (ICA) norms reveals a trajectory from initial resistance to gradual alignment and potential emergence as a rule contributor. This early resistance manifested in its unique dual-track arbitration mechanism and institutional arbitration monopoly. Reforms signal a shift towards global standards, driven by pro-arbitration judicial efforts and institutional competition in China’s vibrant arbitration market. As China’s global influence expands, it is innovating to shape the ICA landscape through initiatives like the China-Africa Joint Arbitration Centre, the China International Commercial Court’s one-stop dispute resolution platform, and the International Commercial Dispute Prevention and Settlement Organization. The role of transnational legal elites in China further facilitates this evolution.