Core Points - The Arbitration Law of the People's Republic of China aims to ensure fair and timely arbitration of economic disputes, protect the legitimate rights and interests of parties, and promote the healthy development of the socialist market economy [1] - The development of arbitration services aligns with the policies and decisions of the Communist Party of China and the state, serving high-quality development and high-level opening-up [1] Chapter Summaries Chapter 1: General Principles - The law is established to guarantee fair and timely arbitration of economic disputes and protect the rights of parties involved [1] - The development of arbitration services is in line with national policies and aims to create a market-oriented, law-based, and international business environment [1] Chapter 2: Arbitration Institutions, Arbitrators, and Arbitration Associations - Arbitration institutions can be established in municipalities and provincial capitals, and they are non-profit entities organized by local governments and chambers of commerce [11][12] - The members of arbitration institutions must include legal, economic, and technical experts, with at least two-thirds being professionals in these fields [18] - The China Arbitration Association serves as a self-regulatory organization for arbitration institutions, overseeing their conduct [25][26] Chapter 3: Arbitration Agreements - Arbitration agreements can be included in contracts or established in writing before or after a dispute arises [28] - An arbitration agreement must specify the intention to arbitrate, the arbitration matters, and the chosen arbitration institution [29] Chapter 4: Arbitration Procedures - Parties must submit an arbitration application that meets specific conditions, including having an arbitration agreement and a clear request [32] - The arbitration tribunal can consist of one or three arbitrators, with the parties having the right to select or appoint them [42] Chapter 5: Application for Revocation of Awards - Parties can apply to revoke an arbitration award if there is no arbitration agreement, if the award exceeds the scope of the agreement, or if there are procedural violations [54] Chapter 6: Enforcement - Parties are required to comply with arbitration awards, and non-compliance can lead to enforcement actions in court [75] Chapter 7: Special Provisions for Foreign-related Arbitration - Foreign-related arbitration is subject to specific provisions, and parties can choose the arbitration location and applicable laws [81] Chapter 8: Supplementary Provisions - The law will come into effect on March 1, 2026, and it includes provisions for arbitration fees and compliance with international investment treaties [96]
受权发布|中华人民共和国仲裁法
Xin Hua She·2025-09-12 16:15