Study on the Application of Online Arbitration Mechanism in China-ASEAN Free Trade Area

With the entry into force of RCEP and the deepening of China-ASEAN digital economy cooperation, online arbitration mechanism has become an important path to resolve regional economic and trade disputes. This paper systematically researches the application of online arbitration mechanism in China-ASEAN FTA, firstly, analyzing the necessity of mechanism construction in the context of digital trade development; secondly, revealing the technical and systemic challenges such as legal differences among member countries and conflicting rules of arbitration place; and then, proposing the application of the "soft law first + technological innovation + bilateral pilot", including the formulation of model arbitration agreement, the construction of cloud arbitration platform, and other specific suggestions. Through the synergistic promotion of rules coordination, technology empowerment and talent cultivation, an online arbitration mechanism adapted to regional characteristics can be gradually constructed, providing a new paradigm for dispute resolution under the framework of RCEP.

Publication Details

Journal
Science of Law Journal
Published
2025-01-01
DOI
https://doi.org/10.23977/law.2025.040412
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
0.00
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article

Study on the Application of Online Arbitration Mechanism in China-ASEAN Free Trade Area

Science of Law Journal
Dispute Resolution and Class Actions
article

Study on the Application of Online Arbitration Mechanism in China-ASEAN Free Trade Area

article en

Abstract

With the entry into force of RCEP and the deepening of China-ASEAN digital economy cooperation, online arbitration mechanism has become an important path to resolve regional economic and trade disputes. This paper systematically researches the application of online arbitration mechanism in China-ASEAN FTA, firstly, analyzing the necessity of mechanism construction in the context of digital trade development; secondly, revealing the technical and systemic challenges such as legal differences among member countries and conflicting rules of arbitration place; and then, proposing the application of the "soft law first + technological innovation + bilateral pilot", including the formulation of model arbitration agreement, the construction of cloud arbitration platform, and other specific suggestions. Through the synergistic promotion of rules coordination, technology empowerment and talent cultivation, an online arbitration mechanism adapted to regional characteristics can be gradually constructed, providing a new paradigm for dispute resolution under the framework of RCEP.

Science of Law JournalVol. 4(4)
Openalex Percentile: Top 72%
Dispute Resolution and Class Actions
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