Analysis Of China's Arbitration Law From The Perspective Of Internationalization

As a widely-practiced way of dispute settlement , commercial arbitration constantly heads to the direction of trans-region and trans-boundary. Arbitration Law of the People's Republic of China (hereafter referred to as China's Arbitration Law), made in the middle of the 1990s, largely reflects this trend of internationalization of commercial arbitration. However , compared with the advanced legislation , convention and model law on commercial arbitration, China's Arbitration Law still shows shortcomings in its institution designs and problems with its specific stipulations. From the perspective of internationalization, this paper traces back to the history of commercial arbitration's growth, examines its value-orientation, and then investigates the feasibility and necessity of the establishment of ad hoc arbitration and amiable composition, in turn, on the basis of comparative law, probes into the main problems with the concrete stipulations of China's Arbitration Law and puts forward some possible proposals on its future amendment and improvement.