The number of Chinese parties involved in arbitrations administered by the ICC International Court of Arbitration has increased tremendously in recent years. In 2013, the number of parties from mainland China involved in new ICC arbitrations reached a total of 58, constituting 2.74% of the total number of parties involved in new ICC arbitration cases that year. This represents a sharp increase from 2001, where a total of only seven parties from mainland China were involved in ICC arbitrations – representing only 0.47% of the total number of parties. It is therefore timely to address a few myths about ICC arbitrations involving mainland China, which continue to be held by some parties today.
Chinese arbitrators cannot be appointed in an ICC arbitration. This assertion is completely untrue. Article 13(3) of the ICC rules of arbitration provides that, where the ICC court is to appoint an arbitrator, it shall make the appointment based on the proposal of a national committee or group of the ICC (e.g. the ICC’s national committee in China) that it considers to be appropriate.
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The author, Sylvia Tee, is director, arbitration & ADR, Asia, at ICC Dispute Resolution Services
