Authored by: Ning Xuanfeng (Susan) , Liu Ying , Zhu Han , Liu Chang and Zhang Qinhong
With the continuous development of the digital economy, data has become a crucial production factor, serving as a key driver for high-quality development, accelerating the construction of Digital China, and building 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 to litigation, which is often time-consuming and procedurally complex, arbitration offers advantages such as flexibility, convenience, efficiency, confidentiality, and high international enforceability, making it potentially more suitable for resolving disputes in the data market. However, as a non-judicial dispute resolution mechanism, the scope of disputes that can be submitted to arbitration is relatively limited. Whether data-related disputes can be resolved through arbitration depends not only on the parties’ ability to reach an arbitration agreement in practice, but also on whether the dispute itself is arbitrable. This article focuses on the feasibility of resolving data disputes through arbitration from the perspective of arbitrability, aiming to provide reference for the selection of appropriate dispute resolution mechanisms for data-related matters.