仲裁法修订

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仲裁法完成修订 更好服务高水平对外开放
Yang Shi Xin Wen· 2025-09-12 07:47
Core Viewpoint - The newly revised Arbitration Law, passed by the 14th National People's Congress Standing Committee on September 12, will take effect on March 1, 2026, and aims to enhance the arbitration system in China to align with international standards while supporting the country's high-quality development and open economy [1] Group 1 - The revised Arbitration Law consists of 8 chapters and 96 articles, emphasizing the integration of the Communist Party's policies and national strategies into the arbitration sector [1] - The law aims to create a market-oriented, law-based, and international business environment, facilitating the resolution of economic disputes [1] - It is significant for strengthening the rule of law in foreign-related matters, improving China's arbitration credibility, and enhancing international competitiveness [1]
新华社权威快报丨仲裁法完成修订 更好服务高水平对外开放
Xin Hua She· 2025-09-12 07:16
Core Viewpoint - The newly revised Arbitration Law, passed by the 14th National People's Congress Standing Committee, aims to enhance the arbitration system in China, promoting a market-oriented, law-based, and international business environment, effective from March 1, 2026 [2][4]. Group 1 - The revised Arbitration Law consists of 8 chapters and 96 articles, emphasizing the alignment with the policies and decisions of the Communist Party and the state [4]. - The law is designed to support high-quality development and high-level opening-up of the economy, ensuring fair and timely resolution of economic disputes [3][4]. - It aims to strengthen the legal framework for foreign-related arbitration, enhancing China's arbitration credibility and international competitiveness [4].
仲裁法修订草案三审 规定仲裁活动可以通过信息网络在线进行
Zhong Guo Xin Wen Wang· 2025-09-08 03:02
Core Points - The arbitration law revision draft was submitted for the third review by the 14th National People's Congress Standing Committee, allowing arbitration activities to be conducted online through information networks, unless explicitly opposed by the parties involved [1] - The draft stipulates that arbitration tribunals can collect necessary evidence independently and may request assistance from relevant parties when necessary [1] - To enhance inclusivity, the term "arbitration committee" has been standardized to "arbitration institution," which includes legally established arbitration committees and arbitration courts [1]
仲裁法修订草案将三审,拟拓宽特别仲裁适用范围
第一财经· 2025-09-06 04:11
Core Viewpoint - The revision of the Arbitration Law aims to enhance the online arbitration system, broaden the scope of special arbitration, and improve the supporting systems for arbitration, reflecting the need for adaptation to the evolving economic landscape and international commercial disputes [2][3]. Group 1: Legislative Process - The third draft of the Arbitration Law revision is scheduled for review during the 17th meeting of the 14th National People's Congress Standing Committee from September 8 to 12, 2023 [2]. - This revision marks a significant update after 30 years of the Arbitration Law's implementation, addressing issues such as the lack of foreign-related systems and inadequate regulatory frameworks [2]. Group 2: Public and Representative Feedback - During the public consultation for the second draft, 1,101 opinions were received from 284 individuals, indicating strong public engagement and the need for improvements in foreign-related arbitration and arbitration supervision [3]. - Suggestions from representatives included enhancing the legal framework for international commercial arbitration and improving arbitration supervision mechanisms [3][4]. Group 3: Supervision and Transparency - There is a call for clearer definitions of the scope of arbitration supervision, including the roles and responsibilities of judicial authorities and industry associations [4]. - The proposed revisions aim to establish a structured supervision process, ensuring that arbitration activities are conducted under strict legal oversight to enhance fairness and credibility [4].
仲裁法修订草案将三审,拟拓宽特别仲裁适用范围
Di Yi Cai Jing· 2025-09-05 08:31
Group 1 - The arbitration law amendment draft is set for its third reading, aiming to enhance online arbitration systems, broaden the scope of special arbitration, and improve supporting arbitration-related systems [1] - The amendment is significant as it marks the first major revision of the arbitration law in 30 years, reflecting the need for adaptation to the rapid economic development and globalization [1] - Current arbitration laws are deemed insufficient to meet the needs of a developing socialist market economy and expanding openness, with issues such as lack of foreign-related systems and inadequate regulatory frameworks highlighted [1] Group 2 - During the second reading of the amendment draft, 1,101 opinions were received from 284 individuals, indicating public interest in enhancing foreign-related arbitration and arbitration institution construction [2] - The draft has incorporated suggestions from various stakeholders, including representatives who proposed amendments to strengthen international commercial arbitration legislation and improve arbitration supervision [2][3] - Zhang Qiaoliang emphasized the need for clear legal definitions regarding arbitration supervision, including the roles and responsibilities of judicial bodies and industry associations, to ensure orderly and fair arbitration processes [3]
仲裁法修订草案拟提请三审
Yang Shi Xin Wen· 2025-09-05 07:46
Group 1 - The Legislative Affairs Commission of the National People's Congress held a press conference to discuss the legislative work, specifically mentioning the arbitration law revision draft which is set for its third review [1] - The second review of the arbitration law revision draft took place in April 2025 during the 15th meeting of the 14th National People's Congress Standing Committee [2] - The revision aims to enhance the legal framework for foreign-related arbitration, improve the credibility and international competitiveness of Chinese arbitration, and better serve high-quality development and high-level opening up [2] Group 2 - The third review draft of the arbitration law revision proposes to further improve the online arbitration system, expand the scope of special arbitration applications, and enhance the supporting systems for arbitration [2]
30年来首次修订迎新进展,仲裁法再调整外部监督条款
Di Yi Cai Jing· 2025-05-08 12:32
Core Viewpoint - The revision of the arbitration law in China is progressing, addressing the need for improvement in arbitration institutions and the quality of arbitrators, as well as introducing regulations to combat false arbitration and enhance international cooperation in arbitration [1][3][8] Summary by Sections Current State of Arbitration Institutions - China has nearly 300 arbitration institutions, with significant disparities in case handling capabilities and the quality of arbitrators across different regions [1][3] - Many arbitration institutions handle a limited number of cases, leading to an imbalance in their operations [1][3] Revision of Arbitration Law - The first revision of the arbitration law in 30 years is underway, with the second draft open for public consultation after review by the National People's Congress Standing Committee [1][3] - The first draft introduced changes to foreign-related arbitration systems, internal governance of arbitration committees, and management of arbitrators [1][3] - The second draft adds provisions to support international cooperation in arbitration and regulates false arbitration [1][3] Internal Governance of Arbitration Institutions - The first draft defined arbitration institutions as public welfare non-profit entities, promoting their independence and alignment with international practices [3] - The second draft includes requirements for the term and rotation of arbitration committee members, mandating a five-year term with at least one-third of members replaced upon re-election [3][4] Concerns Over Administrative Oversight - The introduction of external administrative oversight in the first draft has sparked debate, with concerns about potential direct interference in case handling by judicial administrative departments [2][6][7] - The second draft modifies the language regarding oversight to alleviate fears of administrative intervention, suggesting a focus on planning and guidance instead [6][7] Need for Professionalism and Independence - There is a consensus among industry experts that ensuring the independence and professionalism of arbitrators is crucial, advocating for the appointment of independent legal and technical experts [4][7] - The second draft stipulates conditions under which arbitrators can be disqualified, emphasizing the need for clear criteria to ensure the integrity of arbitration [4][6] Broader Implications for Arbitration - The revision of the arbitration law is seen as a necessary step to enhance the credibility of arbitration in China, particularly in light of the varying levels of arbitration quality across different regions [7][8] - The integration of arbitration into grassroots governance and the handling of civil disputes is highlighted as a significant development, expanding the scope of arbitration beyond commercial cases [8]
十四届全国人大常委会第十五次会议在京举行 审议民营经济促进法草案、生态环境法典草案等 赵乐际主持
Xin Hua She· 2025-04-27 13:10
Group 1 - The meeting of the Standing Committee of the National People's Congress (NPC) focused on various legislative proposals, including the draft law on promoting the development of the private economy, which aims to enhance legal protections for labor rights and create a favorable legal environment for high-quality development of the private sector [2] - The revision of the Infectious Disease Prevention Law was discussed, emphasizing the responsibilities of health authorities and improving measures for epidemic control and medical institution capabilities [2] - The draft amendment to the Atomic Energy Law was presented, highlighting the importance of a rational and coordinated approach to nuclear safety and promoting the application of nuclear technology in various fields [2] - The revision of the Arbitration Law was also reviewed, which includes provisions for enhancing international cooperation in arbitration and improving the support system for arbitration by courts [2] Group 2 - The compilation of the Ecological Environment Code is a significant legal initiative aimed at integrating existing environmental laws and reflecting Xi Jinping's ecological civilization thought [3] - The State Council proposed a draft law on national development planning to enhance macroeconomic governance and ensure the implementation of national development strategies [3] - A draft amendment to the Prison Law was introduced to improve prison safety and the quality of education and rehabilitation for inmates [3] - The State Council also presented a proposal for adjusting the Seed Law regulations in the Xinjiang Free Trade Zone [3] Group 3 - The meeting included discussions on international treaties, such as the agreement on the transfer of sentenced persons with Ethiopia and the judicial cooperation agreement with Saudi Arabia [4] - The report on the 2024 environmental status indicated that all ecological quality improvement targets were met, with public satisfaction exceeding 90% for four consecutive years [4] - The report on state-owned asset management for 2023 highlighted the handling of audit findings and the implementation of corrective measures [4]