Journal Article
2008

Arbitration in China: Practice, Legal Obstacles, and Reforms

ICC International Court of Arbitration Bulletin
Kun Fan, “Arbitration in China: Practice, Legal Obstacles, and Reforms”, ICC International Court of Arbitration Bulletin, Vol. 19, No. 2 (2008), pp. 25-40. French version: « L’arbitrage en Chine : pratique, obstacles juridiques et réformes ».

Summary

This article surveys the Chinese arbitration system at a time when growing cross-border trade and foreign investment were making arbitration a common choice for China-related disputes. It outlines how arbitration is structured and administered in China, describes practices specific to the Chinese context, identifies the legal obstacles behind them and assesses reforms already undertaken. While acknowledging real progress, the author argues that a significant gap still separated Chinese practice from accepted international standards — a gap that explains why foreign parties remained wary of arbitrating in China.

Also published: Published in English and French.

Arbitrator · Mediator

Kun Fan serves as arbitrator and mediator in international commercial and domain name disputes, working in English, Chinese and French.