中华人民共和国仲裁法(全文)

General Principles - The law 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 [3] - The development of arbitration services aligns with the policies and decisions of the Communist Party and the state, serving high-quality development and high-level opening-up [3] - Disputes arising between equal subjects, including natural persons, legal persons, and unincorporated organizations, can be arbitrated, except for certain types of disputes such as marriage and administrative disputes [3] Arbitration Institutions and Personnel - Arbitration institutions can be established in municipalities and provincial capitals, and they are non-profit entities organized by local governments and chambers of commerce [14][15] - Arbitration institutions must meet specific criteria, including having a name, necessary assets, qualified personnel, and appointed arbitrators [18] - The composition of arbitration institutions includes a director, deputy directors, and members, with a majority being experts in law, economics, and technology [22] Arbitration Agreements - An arbitration agreement can be included in a contract or reached in writing before or after a dispute arises [34] - The agreement must specify the intention to arbitrate, the arbitration matters, and the chosen arbitration institution [35] - An arbitration agreement is invalid if it exceeds the legal scope, is made by individuals without civil capacity, or is made under coercion [36] Arbitration Procedures - Parties must submit a valid arbitration agreement and specific requests to initiate arbitration [40] - The arbitration application must include detailed information about the parties, the arbitration request, and supporting evidence [42] - The arbitration process is confidential unless the parties agree otherwise, and hearings must be conducted unless waived by the parties [48] Awards and Enforcement - Arbitration awards are final and binding, and parties must comply with them; non-compliance allows the other party to seek enforcement through the courts [75] - Courts may refuse to enforce an award if it violates public interest or if there are procedural irregularities [76][77] - The law provides for the possibility of appealing an arbitration award under specific circumstances, such as lack of an arbitration agreement or procedural violations [62][63] International Arbitration - The law includes provisions for international arbitration, allowing parties to choose arbitration institutions and rules, and it emphasizes cooperation with foreign arbitration bodies [12][78] - In cases of international disputes, parties can apply for evidence preservation through local courts, which must act promptly [79] - The law encourages the selection of Chinese arbitration institutions and designating China as the arbitration venue for international disputes [87]