Access of Small and Medium-Sized Enterprises to International Commercial Arbitration in China and Russia: Key Barriers and Ways to Overcome Them
( Pp. 29-37)

Abstract: The purpose of this article is to identify the structural barriers that impede the full participation of Russian and Chinese SMEs in international commercial arbitration and to assess the principal ways of overcoming them. It is concluded that such barriers fall into three main types: economic, procedural, and competence-related. The competence barrier, which hinders SMEs' access to international commercial arbitration, is of key importance. In practice, it translates either into additional expenses for external legal counsel or into procedural risks at the stage of recognition and enforcement of the arbitral award. Within the framework of Russian-Chinese trade, these barriers are being addressed along four key lines: the establishment of a network of regional branches of international commercial arbitration institutions; the availability of expedited procedures for disputes involving amounts of less than USD 50,000; online arbitral procedures (APEC-ODR) and the digitalisation of arbitration as a whole (the SCIA Smart Arbitration System); and institutional cooperation between the ICAC at the RF CCI and the Guangzhou Arbitration Commission (GZAC). However, these directions do not fully address the competence barriers, which is why the development and implementation of separate educational and advisory mechanisms is proposed. In particularly sensitive sectors, it may also be appropriate to subsidise the first arbitration proceedings for SMEs in certain categories in order to lower the entry threshold.

Wang, Boda, Molotnikov, A.E. (2026). Access of Small and Medium-Sized Enterprises to International Commercial Arbitration in China and Russia: Key Barriers and Ways to Overcome Them. Gaps in Russian Legislation, 19(3), 29-37. DOI: 10.33693/2072-3164-2026-19-3-29-37. EDN: RHLIVD

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CIETAC, SCIA, GZAC, international commercial arbitration, small and medium-sized enterprises, CIETAC, SCIA, GZAC, ICAC, institutional cooperation, online arbitration.