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Author	Mr Shuobin Zhang
Organisation/Institution	East China University of Political Science and Law
Country	CHINA
Panel	International Arbitration and Dispute Resolution
Title	The Contractual Adjustment of the Arbitration Law: Its Impact on Arbitral Tribunals' Obligation to Apply the CISG
Abstract	The CISG faces notable limitations in both practical effect and application rates, often constrained by reservations and legislative evolution. These factors contribute to a degree of softening and uncertainty in its application. The CISG can be applied through three approaches: first, under Article 1(1)(a), it applies mandatorily when the parties' places of business are in Contracting States; second, it applies if conflict of laws rules lead to the CISG or the law of a Contracting State, though China's Article 95 reservation excludes this route; third, the parties may explicitly designate the CISG as governing law. When parties have not actively chosen the CISG, arbitral tribunals must rely on the first approach to apply it. However, whether tribunals are obligated to apply treaties of the seat of arbitration depends on how the arbitration law balances its judicial and contractual attributes. Jurisdictions emphasizing the judicial nature bind tribunals to treaties as courts do, while those prioritizing contractual elements allow tribunals greater flexibility. China’s Arbitration Law exhibits a hybrid structure but leans towards judicial obligations in this regard. The 2024 Draft Amendments to the Arbitration Law, following the 2021 Draft, introduce elements like ad hoc arbitration, which enhance its contractual character. These developments necessitate a clearer definition of China's arbitration system, particularly regarding its hybrid nature. To ensure consistent application of the CISG by arbitral tribunals, China should reaffirm the judicial attributes of arbitration in treaty contexts. This paper examines the contractual adjustments in the Arbitration Law and their impact on arbitral tribunals' obligations to apply the CISG, advocating for a harmonized approach that aligns with international norms while addressing the specificities of China's legal framework.
Biography	Shuobin Zhang, pursuing a Bachelor of Laws degree at ECUPL, with a focus on Civil and Commercial Law, and an expected graduation in 2026. Research interests include arbitration law, international economic law, and comparative commercial law. Editorial responsibilities undertaken at Law and Finance involve reviewing and refining academic works on the interplay between legal systems and economic structures. Contributions to the research and translation team led by Professor Huang Hui at Peking University’s School of Transnational Law included translating and analyzing key international legal texts, emphasizing transnational legal frameworks and comparative studies. Participation in the Willem C. Vis International Commercial Arbitration Moot provided opportunities to develop expertise in international arbitration, the CISG, and procedural rules. Empirical legal research explored the gendered distribution of caregiving labor in China, integrating perspectives from law, economics, and social policy to analyze intersections within legal narratives. Practical experiences and academic pursuits reflect a focus on the evolution of arbitration and commercial law in Asia, addressing challenges and developments within globalization and regional contexts.