Arbitration Trends and Challenges in Transnational Commercial Disputes

Authors

  • Simin Lu

DOI:

https://doi.org/10.54097/xvqyzs04

Keywords:

Transnational commercial disputes, Arbitration, Alternative dispute resolution, International commercial law, Award enforcement, Coping strategies

Abstract

As globalization accelerates, cross-border business grows, leading to more disputes. Traditional litigation often fails to meet demands for efficient, flexible resolution. At this time, the alternative dispute mediation mechanism, such as arbitration, has emerged and demonstrated its irreplaceable utility in dealing with international commercial conflicts. The main purpose of this paper is to examine the practice trend and the existing difficulties of arbitration in the mediation of transnational commercial disputes in recent years. Firstly, through a systematic review of the literature, we can extract the fundamental characteristics of transnational commercial arbitration and outline its evolution.Secondly, it analyzes the latest practice of arbitration system in the world and the influence of technological innovation. Then, this paper deeply discusses the specific problems encountered in the practice of arbitration, including the obstacles in the application of law, the execution of awards, etc. Finally, based on the above research results, this paper puts forward strategies and suggestions to improve transnational commercial arbitration procedures, aiming at promoting fairer and more efficient operation in this field. It is expected that this research can contribute enlightening reference to the future evolution path of cross-domain commercial dispute arbitration.

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References

[1] Craig W L. Some trends and developments in the laws and practice of international commercial arbitration [J]. Tex. Int'l LJ, 1995, 30: 1.

[2] Brown F, Rogers C A. The role of arbitration in resolving transnational disputes: a survey of trends in the People's Republic of China [J]. Berkeley J. Int'l L., 1997, 15: 329.

[3] Naón H A G. International Commercial Arbitration—The Law Applicable to the Substance of the Dispute: Present Trends[M]//International Conflict of Laws for the Third Millennium: Essays in Honor of Friedrich K. Juenger. Brill Nijhoff, 2001: 65-95.

[4] Craig W L. Some trends and developments in the laws and practice of international commercial arbitration [J]. Tex. Int'l LJ, 2015, 50: 699.

[5] Dezalay Y, Garth B G. Dealing in virtue: International commercial arbitration and the construction of a transnational legal order [M]. University of Chicago Press, 1996.

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Published

30-09-2024

Issue

Section

Articles

How to Cite

Lu, S. (2024). Arbitration Trends and Challenges in Transnational Commercial Disputes. Frontiers in Business, Economics and Management, 16(3), 227-230. https://doi.org/10.54097/xvqyzs04