The arbitration regime is a multidimensional system. Together with ‘hard laws’, ‘soft laws’ are also inalienable components of the arbitration regime. ‘Soft laws’ are non-state enacted texts, which aims at regulating procedural issues in international commercial arbitration. Although ‘soft laws’ are not legally binding, they are of some normativity. ‘Soft laws’ cover various arbitration topics, ranging from arbitration law harmonization, arbitration evidence, arbitration ethics and arbitration management skills to the latest arbitration developments. The functions of ‘soft laws’ are evidenced therefrom. The history of arbitration, global governance, and social interrelation all help to explain why ‘soft laws’ are created, developed and somewhat complied with. Facing the difficulties in modifying the 1995 Chinese Arbitration Law and the rapid developments of the Chinese arbitration market, it is time to shift minds from the ‘hard law approach’ to the ‘soft law approach’. China is suggested to establish more robust arbitration community, to participate more in ‘soft laws’ enactment, to enact its own ‘soft laws’ regime, to enhance the cooperation among ‘hard laws’ and ‘soft laws’, and to wisely take advantage of the functions of ‘soft laws’.
ASA Bulletin