Resolving Telecommunications Interconnection Disputes in China: Will the PCA Optional Arbitration Rules be a Way out for China?
- Paper number
IAC-13,E7,2,11,x17739
- Author
Prof. Yun Zhao, The University of Hong Kong, Hong Kong
- Year
2013
- Abstract
Ensuring effective interconnection is an important part of China’s WTO commitments in opening the telecommunications services market. At the moment, China has already one official document specifically dealing with telecommunications interconnections disputes. According to this document, dispute resolution for telecommunications interconnection shall go through the following processes: consultation between the disputing parties, coordination by the authority, expert demonstration followed by administrative decision, administrative review and administrative litigation. Obviously, China adopts an executive-led approach in resolving interconnection disputes, which may cause some concerns for foreign investors. To create a fair legal environment for access to the telecommunications services market, we will need to seriously consider the possibility of introducing other alterative dispute resolution methods. The release of the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities provides an excellent opportunity to study this legal issue. This article takes up this task by examining the feasibility of applying this mechanism for telecommunications interconnection disputes in China.
- Abstract document
- Manuscript document
(absent)