新修订仲裁法增加特别仲裁制度有何考虑？司法部释疑

Core Viewpoint - The newly revised arbitration law introduces a special arbitration system aimed at enhancing the inclusiveness and standardization of China's arbitration framework, particularly for foreign-related disputes [1][2]. Group 1: Reasons for Introducing Special Arbitration System - The special arbitration system is designed to increase the inclusiveness of China's arbitration system, allowing for both institutional and ad hoc arbitration models to coexist, which is common in many countries [1]. - The need for a more flexible and economical arbitration option is emphasized, as the previous system primarily relied on institutional arbitration [1]. - The introduction of the special arbitration system is also a response to the need for better awareness and capability among parties regarding arbitration, as China's arbitration practices are relatively new [2]. Group 2: Implementation and Regulation of Special Arbitration - The special arbitration system is based on practical experiences from pilot programs initiated in free trade zones since 2016, which have laid the groundwork for this legislative change [2]. - The revised law specifies the applicable subjects, types of cases, and procedural requirements for special arbitration, enhancing both openness and regulatory oversight [2]. - The system mandates that disputes must involve foreign elements and be agreed upon in writing, with arbitration taking place in China under Chinese arbitration law [3]. Group 3: Key Features of Special Arbitration - The special arbitration system is limited to disputes with foreign factors, including foreign maritime disputes and those between enterprises registered in designated free trade zones [3]. - It requires written agreements specifying the arbitration location within China, ensuring that the resulting awards are subject to judicial review by Chinese courts [3]. - The selection of arbitrators must comply with unified qualification standards, and relevant information must be reported to the arbitration association within three working days to ensure oversight and compliance [3].