Forum: "Great Changes and Rule of Law: Handling Foreign-Related Disputes and ODR"

May 15, 2023

workshop

Hosted by Shanghai Jiao Tong University.

Jointly sponsored by the Institute of Chinese Law and Society of Shanghai Jiao Tong University, the Kaiyuan Law School of Shanghai Jiao Tong University and the School of Foreign-related Rule of Law of East China University of Political Science and Law.

 

This academic forum discussed strategic aspects of coordinating and promoting the rule of law in China and foreign-related law. The focus was on approaches to handling foreign-related disputes including assessing online dispute resolution (ODR) options and exploring more generally the application of artificial intelligence in the legal profession. Attended by invited scholars and over 50 academics and researchers, the event helped promote exchange, cooperation and learning in this evolving field.

 

The Forum Report is available here (Chinese) and here (English).

 

Professor Matthew Erie gave a keynote speech on "China and Transnational Data Governance." 

Drawing on research from the CLD project, he discussed how China is becoming a global provider of digital infrastructure and its impact on transnational data governance. He raised four research questions:

  1. Does China's Digital Silk Road have an impact on data governance outside of China and if so, what is the effect of this foreign-related legal power?
  2. If such an effect exists, what theories should we use to explain it?
  3. What are the methods of legal sociology research that we should adopt?
  4. What cooperation has China had with foreign courts, and what role does ODR play in China's transnational data governance in the context of China's growing influence?

Professor Erie gave examples of Chinese legal transplantation in Cambodia, Vietnam, Uzbekistan, South Africa and Pakistan all of which help to illustrate China's relationship with other infrastructure providers in terms of data governance, how China's influence is strengthening globally with the development of the Digital Silk Road, and how Chinese companies are adapting to a challenging legal and regulatory environments in host countries.

He concluded that China's Digital Silk Road is an emerging form of infrastructure data governance which enhances China's ability to use network interdependences and has implications for the digital development and domestic data governance in host countries.