This paper examines China’s legislative omission of explicit statutory recognition for arbitral tribunals’ competence-competence—the authority to self-determine jurisdiction—and its consequential judicial inconsistencies, which collectively deviate from international arbitration norms. Amid anti-globalization pressures, the analysis identifies systemic challenges rooted in China’s fragmented "foreign-related priority" legislative approach, historical administrative legacy undermining tribunal autonomy, premature judicial intervention in arbitration proceedings, and evolving conceptualization of arbitration from dispute resolution tool to strategic governance instrument. Following critical engagement with academic debates on dual-track legislation, judicial intervention timing, and substantive-procedural review boundaries, the study proposes a tripartite reform framework drawing on comparative insights from France’s minimal judicial intervention principle and Singapore’s mediation-arbitration integration. The roadmap advocates: legislative reconstruction through unified foundational laws supplemented by specialized foreign-related rules, local pilot reforms, and institutional rule harmonization; judicial coordination prioritizing ex ante tribunal authority with narrowly defined interim exceptions and ex post award scrutiny; and institutional innovation via mediation-arbitration-litigation coordination, regionally tailored pilots, and AI-enhanced procedural efficiency. Collectively, these measures aim to synchronize China’s arbitration system with global standards while accommodating domestic sociolegal realities to bolster its trade governance competitiveness.
Research Article
Open Access