Huang, K. (2022). Internationalization as a Leap of Faith: Arbitration Reforms in China and the Challenges of Implementation. Asian Journal of Law and Society, 1-31. doi:10.1017/als.2022.23.
A new publication from CLD Research Associate, Kai-Shen Huang.
Abstract
Recent years have witnessed an increasing trend in Chinese arbitration reform that emulates international norms and practices. This article examines some of these key reform measures and major challenges to their implementation. It explores in both legal and practical terms why most of these reform techniques may remain largely ineffective, showing that engaging in international norms and standards in China can be highly challenging due to their potential illegality, the general lack of institutional capacity to sustain them, and the conflicts of local ideas about the purposes of arbitration. It is thus doubtful whether commitment to satisfying the formal requirements prescribed by the legal reforms would often prevail. When it does, it is questionable whether this form of commitment would become prevalent and how it could proceed in a sustainable and coherent manner from a practical perspective.
