The article discusses why foreign arbitration institutions are not widely present in China due to legal barriers in Articles 16 and 18 of the Arbitration Law. These provisions create obstacles for international arbitrations to operate in China, leading to a lack of consistency in handling conflicts between courts and arbitration institutions. By examining case law, it is shown that these laws impact foreign arbitration institutions, like the ICC Court of Arbitration. Opening the doors to foreign arbitration could improve the efficiency and competitiveness of Chinese arbitration on a global scale.