JEAIL > Volume 19(1); 2026 > Article
Research Paper
Published online: May 30, 2026
DOI: http://dx.doi.org/10.14330/jeail.2026.19.1.03

Fragmentation to Coordination: Legal, Institutional, and Regulatory Dimensions of China-ASEAN Commercial Arbitration

Julio C. O. Sima Nzang & Yingying Wang
Northwest University of Political Science and Law
No.558 West Chang’an Street, Chang’an District, Xi’an, Shaanxi, P.R. China 710122
Corresponding Author: 202450810301@stu.nwupl.edu.cn

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/liceInha University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
With the surge in trade and investment between China and ASEAN nations, the need for international dispute resolution involving these parties is bound to grow. This research analyses the legal principles, institutional setups, and regulatory environments that impact the efficiency of commercial arbitration between China and ASEAN. It examines key factors that influence the crossborder enforcement of arbitral awards under the New York Convention, such as differences in arbitrability, procedures, ad hoc arbitration, and digital practices. The article highlights that the enforcement and execution of arbitral awards in the Asia-Pacific region stem from a lack of coordination among national courts, leading to varying enforcement standards and inconsistent outcomes. The analysis suggests that regional forums can help reduce fragmentation. Proposing to promote cooperation between institutions, develop model arbitration rules, and establish common digital standards. This approach would ultimately enhance legal certainty and increase the effectiveness of international arbitration in China and ASEAN countries.

Keywords : Ad hoc Arbitration, Arbitration Fragmentation, New York Convention, Institutional Coordination, Legal Divergence, Digital Arbitration

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