In the run-up to the International Court of Arbitration’s 8th ICC Asia Pacific Conference in June, Dr. Donna Huang, Director of Arbitration and ADR in North Asia, in ICC Dispute Resolution Services talks about the recent efforts of the Chinese authorities to welcome, embrace and support foreign arbitral institutions in the region. She says the country has become an “arbitration friendly” jurisdiction.
Reflecting on how far the state has come, Dr Huang says, “at one time there were significant obstacles for foreign arbitral institutions operating in China. To give one simple example, previously they were classified as ‘overseas non-profits’, giving rise to significant administrative difficulties.”
And now that’s changed,“…today the Chinese authorities are keen to position the region as an ‘arbitration friendly’ jurisdiction, because they recognise it is in the best interests of the local business community and economy to do so: for Chinese companies to make the most of international opportunity, foreign potential business partners/investors need comfort in how any disputes will be handled – and top quality international arbitration, particularly the ICC Court’s brand of it, delivers this“, explains Dr Huang.
This is evidenced by landmark cases where Chinese authorities first validated foreign arbitral decisions – they deemed them ‘Chinese’ arbitral awards, rather than in any way foreign, because they recognised the ICC Court’s were such good quality. Dr Huang highlights that, “…as a consequence, China’s legislature and administrative systems are being reformed, and the attitude of the judiciary is gradually changing, to welcome, embrace and support foreign arbitral institutions in the region.”
This year’s 8th ICC Asia Pacific Conference takes place in the context of the ICC Court celebrating its Centenary. Commenting on this milestone, Secretary General of the ICC Court Alexander Fessas says:
“While much separates today’s world from the 1920s, much is also unchanged. Our mission to ensure access to justice and promote the rule of law by serving companies, states and individuals, a constant in our first 100 years, is alive today and will be the force driving ICC’s dispute prevention and resolution services into our next century.”
