Authored by: Ning Xuanfeng (Susan) , Liu Ying , Zhu Han and Liu Chang
With the continuous development of the digital economy, data, as a crucial productive factor, has become the key to promote high-quality development, accelerate the construction of digital-China, and establish a modern digital industrial system. As the scale of the digital market continues to expand, the number of data-related disputes is also on the rise. Compared with litigation, which is more time-consuming and complex, arbitration may be a better fit for dispute resolution needs of the digital market sector, for its advantages of flexibility, convenience, efficiency, confidentiality and international recognition of enforcement. However, as an alternative dispute resolution mechanism, the scope of disputes to which arbitration proceedings may be applied is relatively limited. Whether data-related disputes can be settled by arbitration requires consideration of not only the likelihood of the parties reaching an arbitration agreement in practical scenarios, but also whether the relevant disputes are arbitrable. Starting from the issue of arbitrability, this article aims to analyze and discuss the feasibility of arbitration resolution for data-related disputes, and provide reference for the choice of dispute resolution path of such disputes.