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Activity | Prof. JIANG Huiling Talks about Arbitration in the Joint Activities of Jus Mundi and SHIAC

Time:2022-11-13    Views:

On November 10, 2022, JIANG Huiling, Dean of the of Tongji Law School, Chairman of the China Commercial Mediation and Cooperation Development Mechanism, and Vice President of the Research Association of the Shanghai Law Society on Alternative Dispute Resolution and Rule of Law, was invited to attend the signing ceremony of the cooperation agreement between Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) (SHIAC) and Jus Mundi via Webinar, and delivered a keynote speech titled "How Much Room Left for Arbitration in China".

Prof. JIANG Huiling pointed out that there is a huge space for improvement in respect of China's domestic arbitration and foreign arbitration, which could be concluded that:Firstly, in an era of economic and social transformation and with frequent conflicts and disputes arising, China's judiciary system has been overwhelmed. In 2021, courts nationwide have processed 30,517,000 cases. The growth rate of such cases has lasted for many years. In the face of such a large number of cases, around 130,000 judges of the people's courts is seriously overwhelmed. Although China has taken measures in judicial reform to supplement its strength, simplify procedures and improve efficiency, the effort to change is only a drop in the bucket considering the complexity of cases and the unreasonable trial deadlines. Secondly, at present, 270 arbitration institutions have been set up nationwide, with about 40000 arbitrators. In 2021, about 410,000 arbitration cases have been accepted. Moreover, arbitration, as a quasi judicial dispute resolution mechanism, has become a common form of civil justice recognized internationally, and plays an important role in national governance. Thirdly, domestic arbitration institutions have certain limitations in their ability to handle foreign-related arbitration cases. In spite that several arbitration institutions have high reputation overseas, the internationalization of most arbitration institutions is still limited. In the near future, China's demand for international arbitration will increase significantly, and its requirements for the internationalization of arbitration will also be higher and higher. Therefore, the room left for arbitration is very large.