Recently, the list of winners of the 13th “Zhonglun Cup” International Commercial Arbitration Essay Contest was announced. The paper written by Li Tianyu and Zhang Jing from Beijing Longan (Guangzhou) Law Firm, titled “A New Paradigm for the Expansion of the Effect of International Commercial Arbitration Agreements: The Corporate Group Approach”, was awarded the “Excellent Paper” honor.

This competition was jointly organized by the China International Economic and Trade Arbitration Commission, the Law School of Renmin University of China, the All-China Lawyers Association, the Chinese Society of Private International Law, and the Beijing Lawyers Association. Beijing Zhonglun Law Firm provided support, and the Institute of Foreign Law and Governance of Renmin University of China assisted in its organization. Scholars and practitioners from renowned domestic and international universities and institutions participated widely, including Peking University, Tsinghua University, Renmin University of China, Zhejiang University, Wuhan University, East China University of Political Science and Law, Zhongnan University of Economics and Law, and Nanjing University, as well as scholars from prestigious overseas universities such as Oxford University, George Washington University, and the University of Hong Kong. In addition to academic scholars, professionals from courts, arbitration institutions, international law firms, and corporate law departments also participated actively.

The competition adopted a “open, fair, and just” anonymous three-stage evaluation process. The list of winners was determined after preliminary, re-evaluation, and final evaluations, as well as checks for academic misconduct. This year, there were 2 first prizes, 5 second prizes, 10 third prizes, 8 special awards, and 16 excellence awards.

In practical case handling, the authors found that contract arrangements in cross-border transactions and complex corporate group structures exhibit a high degree of specialization and fragmentation. The arbitration clauses are often formally signed only by some members of the group, while the initial negotiations, actual performance, and benefits are carried out by other related entities. This leads to a mismatch between the signing parties and the actual participants in the transaction, often causing disputes over whether non-signing parties are bound by the arbitration agreement. This, in turn, involves complex issues such as the choice of applicable law, the judicial review standards of the arbitral court, internal “disclosure” and implied consent within the group, and the transfer of rights and obligations, as well as apparent agency.

This paper uses relevant cases as a starting point to explore the pathways and boundaries of non-signing parties being bound by the arbitration agreement from both theoretical and practical perspectives, providing an actionable analytical framework for preventing and resolving cross-border commercial disputes.

This award is a recognition of Longan Guangzhou’s expertise, teamwork, and international capabilities in international commercial arbitration. In the future, Longan Guangzhou will continue to strengthen its collaboration with top arbitration institutions, renowned universities, and industry organizations, deepen research in cutting-edge topics, and improve its service system for resolving cross-border disputes, thereby providing clients with higher-quality and more forward-looking legal services.

Author Introduction

Li Tianyu

Li Tianyu, Ph.D. in Law. He is a full-time teacher at the Law School of Guangzhou Xinhua University, and teaches commercial law, tort law, and private international law. He is a consultant at Beijing Longan (Guangzhou) Law Firm, focusing on cross-border trade, corporate law, and civil and commercial disputes.

Dr. Li has led and participated in 2 national-level, 2 provincial-level, and 1 university-level research projects. He has published 6 academic papers, emphasizing the integration of theory and practice. Dr. Li is a member of the Marriage and Family Law Research Association of the Guangdong Provincial Law Society (2024-2029) and received the second prize in the 2025 Academic Conference of the Guangdong Provincial Law Education Research Association. He also received an “Excellent Paper” award for the 13th “Zhonglun Cup” International Commercial Arbitration Essay Contest.

Lawyer Zhang Jing

Lawyer Zhang Jing is a senior partner at Longan Guangzhou, the director of the Corporate Law Committee of Longan Guangzhou, and the deputy director of the Tax Affairs Department. She is also a senior researcher at the Longan Bay-ASEAN Legal Research Center. She holds a Bachelor’s degree in Law from Sunyong University. She specializes in legal services related to equity structure design, corporate mergers and acquisitions, private equity, equity incentives, cross-border investment and financing, and technology transfer. She is skilled in designing transaction and equity structures based on different transaction contexts, and drafting clear and logical legal documents. Her services are highly regarded by clients.

Lawyer Zhang has provided professional legal services to many well-known companies, including Midea Group, Star River Real Estate, Yujio Real Estate, Jingye Mingbang Real Estate Group, BoXiLe Education Group, Foshan JinKong, Yingfeng Holdings, and Foxconn. She is a new talent in foreign-related law in Guangdong Province, a leading talent in foreign-related law in Guangzhou, a member of the Guangdong Provincial Lawyers Association’s Equity Investment and Private Equity Committee, and holds legal practice qualifications in the People’s Republic of China. She is also a member of the Democratic Construction Party.