Freedom of tribunal formation is critical to party autonomy in any given arbitration system. In China, the practice has been controlled under a closed panel system where parties can only appoint arbitrators listed on the panel of the relevant arbitration commission. However, the past couple of years have seen some leading Chinese arbitration commissions adapting their rules to align with the UNCITRAL Model Law standards. This article discusses some thorny issues threatening parties’ interests under the existing closed panel system. In particular, the article examines the distinctive features of China’s adaptation to international standards and offers insights on the challenges faced by the Chinese arbitration regime.
Journal of International Arbitration