Dispute Resolution Services
Expert Services International can provide dispute resolution services in China under the Arbitration Law, CIETAC Rules, mediation-arbitration and international arbitration proceedings.
Chinese Dispute Resolution Framework
Dispute resolution in China is governed by the Arbitration Law 1994 (amended 2017). CIETAC (China International Economic and Trade Arbitration Commission) is the principal institution for international commercial arbitration, with the CIETAC Rules 2024 providing the current procedural framework. The Beijing Arbitration Commission (BAC) and other regional commissions also administer arbitrations.
Expert Services International can provide arbitration, mediation and dispute advisory services in China, particularly in international arbitration proceedings involving construction and infrastructure disputes. China operates a mediation-arbitration (med-arb) process, and the People's Mediation system provides an additional avenue for dispute resolution.
China is a civil law jurisdiction. The Arbitration Law 1994 (amended 2017) provides the statutory framework for arbitration, and CIETAC is the principal institution for international commercial arbitration.
Commercial Arbitration
The Arbitration Law of 1994 established the fundamental framework for arbitration in China, and this framework has proven sufficiently robust to accommodate the exponential growth in dispute resolution activity in recent decades. The law provides a clear legal foundation for both domestic and international commercial arbitration, and it establishes the requirement that arbitration agreements must be in written form and that the parties must specify the arbitration institution and seat of arbitration at the time the agreement is made.
The CIETAC Arbitration Rules underwent comprehensive revision with effect from 1 January 2024, reflecting the institution's response to contemporary developments in international arbitration. The 2024 CIETAC Rules introduce enhanced procedural mechanisms including provisions for early dismissal of claims lacking prima facie merit, formal recognition of third-party funding arrangements and detailed provisions addressing multi-contract and multi-party dispute scenarios. These amendments respond to the increasingly complex nature of commercial disputes, particularly those arising from large infrastructure and construction projects and the intricate commercial relationships characteristic of Belt and Road Initiative activities. The 2024 Rules position CIETAC at the forefront of contemporary international arbitration practice, incorporating innovations in case management, efficiency and procedural fairness that reflect global best practice.
Beyond CIETAC, the Beijing Arbitration Commission (BAC) maintains its position as one of the world's largest arbitration institutions, administering a substantial volume of both domestic and international commercial disputes. The SCIA, operating as the international division of the Shanghai Arbitration Commission, maintains dedicated expertise in international commercial arbitration and construction disputes. Shenzhen has established itself as one of the top five seats of arbitration globally, reflecting the city's role as a leading international commercial centre and its particular significance for technology and manufacturing dispute resolution. The availability of multiple experienced institutional frameworks provides parties with substantial flexibility in selecting the arbitration forum best suited to the nature, complexity and geographic scope of their dispute.
Alternative Mechanisms
Mediation-arbitration, commonly referred to as med-arb, represents a distinctive mechanism that reflects traditional Chinese approaches to dispute resolution and the philosophy of seeking consensus and harmony rather than adjudicative determination. In a med-arb procedure, parties first attempt to resolve their dispute through mediation, with a neutral mediator assisting the parties to identify areas of common ground and to develop mutually acceptable solutions. If mediation does not result in full resolution within an agreed timeframe, the process transitions to arbitration, with the same neutral or a different arbitrator making a binding determination on any remaining disputed issues.
China's People's Mediation system operates as an accessible and informal mechanism for resolving disputes within communities, workplaces and organisations. Whilst People's Mediation operates outside the formal legal framework and produces results that are not directly enforceable in court, it serves an important function in preventing disputes from escalating to formal litigation or arbitration. CIETAC, BAC and other institutional arbitration bodies all provide mediation services alongside their arbitration facilities, allowing parties to initiate dispute resolution through mediation and to escalate to arbitration if necessary. Institutional mediation administered by these bodies carries considerably greater formality and procedural sophistication than People's Mediation, providing parties with structured processes and skilled mediators with commercial and technical expertise.
The Singapore Convention on Mediation, formally titled the United Nations Convention on International Settlement Agreements Resulting from Mediation, has established an important new framework for international mediation. China's accession to the Singapore Convention has enhanced the enforceability of mediation settlements reached in China, providing parties with greater confidence that mediated agreements will be recognised and enforced across borders. This development has contributed to the growing attractiveness of mediation-based approaches to dispute resolution in China and has positioned Chinese institutions as leading centres for international mediation activity.
Belt and Road Initiatives
The Belt and Road Initiative, launched in 2013, has generated unprecedented volumes of cross-border commercial, construction and infrastructure activity spanning Asia, Africa, the Middle East and Europe. Disputes arising from Belt and Road projects present distinctive challenges, including the involvement of parties from multiple jurisdictions with different legal systems, cultural backgrounds and dispute resolution expectations, projects of exceptional scale and complexity, and the involvement of sovereign and state-owned entities alongside private commercial actors. The arbitration framework in China, and particularly CIETAC, has positioned itself as the principal forum for resolution of Belt and Road disputes.
In 2024, CIETAC accepted 377 cases involving Belt and Road countries, with a total disputed amount exceeding RMB 39.8 billion yuan. Since the launch of the Belt and Road Initiative in 2013, CIETAC has handled a cumulative total of 3,293 cases involving Belt and Road countries, with aggregate dispute values exceeding RMB 191.7 billion yuan. These figures demonstrate the extraordinary scale and significance of Belt and Road dispute resolution activity. CIETAC's role has become increasingly entrenched, with the institution operating oral hearing centres in ASEAN and Central Asia to improve accessibility and to accommodate the geographic distribution of Belt and Road parties and disputes.
Alongside CIETAC's dominant role, the Shanghai Cooperation Organisation (SCO) Arbitration Forum has been established to serve disputes arising from SCO member states, providing a distinctive institutional framework tailored to the needs of this regional grouping. The Central Asia Trial Center has been established to bring arbitration facilities closer to parties involved in Belt and Road disputes in Central Asia, enhancing accessibility and reducing the logistical burdens associated with centralised dispute resolution in Beijing or Shanghai. These institutional developments reflect recognition by the Chinese government and by the international commercial community of the importance of robust, accessible and sophisticated dispute resolution mechanisms to support the continuation and success of Belt and Road Initiative activities.
Construction Disputes
Construction disputes in China are governed by the Construction Law, originally enacted in 1997, which establishes the foundational framework for construction project contracting, licensing of construction enterprises and mechanisms for resolving disputes during the course of construction. The Construction Law operates in conjunction with a comprehensive system of standard form contracts and industry practice standards that have become increasingly sophisticated and internationally aligned.
The GF-2017-0201 standard form, formally known as the Standard Contract for Building and Decoration Work, represents the primary template employed in China for construction contracts. This form has been subject to ongoing refinement to reflect international best practice, and a notable development has been the incorporation of dispute resolution board (DRB) provisions into the standard form, recognising the effectiveness of this mechanism in addressing disputes during the course of construction before they escalate to formal arbitration or litigation. The inclusion of DRB provisions reflects growing recognition across the global construction industry of the value of having a skilled and independent panel available to address technical and contractual disputes during construction, rather than allowing such disputes to accumulate and crystallise into formal legal proceedings only after the project is complete.
The adoption of FIDIC standard forms has become increasingly widespread in major construction and infrastructure projects in China, particularly those involving international financing or participation by international contractors and consultants. FIDIC conditions provide a detailed and internationally recognised framework for construction contracting, with particular emphasis on transparent procurement, equitable allocation of risk, clear mechanisms for dealing with variations and extensions of time, and provisions for dispute resolution including expert determination and arbitration. The convergence between Chinese domestic standard forms and internationally recognised FIDIC conditions reflects China's increasing integration into global construction supply chains and the expectations of international parties that construction contracts should reflect internationally recognised standards and practices.
Contemporary Developments
The 2024 CIETAC Arbitration Rules represent a significant evolution in China's approach to international commercial arbitration, incorporating innovations and refinements that reflect developments in global arbitration practice. The introduction of provisions for early dismissal allows tribunals to address weak claims efficiently, reducing unnecessary expenditure on arbitral proceedings that lack substantive legal or factual foundation. The formalisation of third-party funding disclosure requirements acknowledges the reality that international arbitration is increasingly funded by third-party litigation funders, and parties and tribunals have legitimate interests in understanding the financial relationships underlying the disputes they are resolving.
The expansion of CIETAC's institutional infrastructure, including the establishment of oral hearing centres in ASEAN and Central Asia, reflects the institution's strategic focus on Belt and Road dispute resolution and its commitment to improving accessibility for parties geographically distributed across the territories served by the Belt and Road Initiative. These developments position CIETAC as a sophisticated and internationally engaged institution capable of administering complex, multi-party and cross-jurisdictional disputes with the efficiency and procedural flexibility demanded by contemporary international commerce.
Asia-Pacific Expertise
Expert Services International can provide services in dispute resolution across China's institutional arbitration framework and the distinctive mechanisms applicable to Belt and Road Initiative projects. Our practice combines technical knowledge of CIETAC, BAC and SCIA procedures with deep understanding of Chinese law, contract standards and the practical realities of cross-border dispute resolution involving Belt and Road participants.
Whether the dispute concerns commercial transactions, construction and infrastructure projects or complex multi-party scenarios typical of Belt and Road activities, our team understands the institutional frameworks, procedural requirements and substantive law applicable in each forum. We prepare submissions that comply with institutional rules and Chinese legal requirements, we participate effectively in hearings and procedural conferences, and we provide expert evidence and technical analysis supporting our clients' positions in arbitration and mediation proceedings.
Our Expertise
Expert Services International can provide dispute resolution services to parties involved in construction and infrastructure disputes. Our services include acting as arbitrator, expert determiner and mediator. We also provide expert witness reports and testimony addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off.
We prepare claims submissions, expert reports and advocacy for use in arbitration, expert determination, mediation and dispute board proceedings. We can assist parties with the preparation and presentation of claims and defences across all forms of dispute resolution.
Service Scope
Acting as arbitrator in domestic and international arbitration proceedings. We manage all aspects of arbitral procedure, conduct efficient hearings and deliver reasoned awards addressing the issues in dispute in accordance with applicable law and the parties' contractual framework.
Acting as expert determiner under contractual expert determination clauses and institutional rules. Expert determination provides a binding resolution of technical and valuation disputes by a suitably qualified professional, typically within a shorter timeframe than arbitration or litigation.
Preparation of expert reports addressing quantum, delay, disruption, construction defects, contractual interpretation, variations, liquidated damages and claims for set-off. We provide expert testimony in arbitration, court proceedings, mediation and expert determination proceedings.
Acting as mediator and providing mediation services to assist parties in reaching a negotiated resolution of disputes. We facilitate structured discussions, assist in identifying common ground and help parties achieve settlement without the need for formal adjudication.
Acting as dispute board member, chairperson or single neutral on major infrastructure projects. Dispute boards provide a standing mechanism for the rapid resolution of disputes during project execution, maintaining familiarity with the project throughout its duration.
Preparation of claims submissions and expert analysis for use in arbitration, expert determination, mediation and dispute board proceedings. We assist parties with the preparation and presentation of claims and defences addressing quantum, delay, disruption and contractual matters.
