中国仲裁迭代发展
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抓住契机推动中国仲裁迭代发展
Ren Min Wang· 2025-11-22 02:12
Core Viewpoint - The recent amendments to the arbitration law in China aim to enhance the governance structure of arbitration institutions, promote digital transformation, activate industry associations, and strengthen China's arbitration brand within the international arbitration community [1][2][5]. Group 1: Governance Structure - The revised arbitration law defines arbitration institutions as "public welfare non-profit legal persons," focusing on providing public services for contract and property rights disputes [2]. - Existing arbitration institutions exhibit various forms such as "quasi-administrative," "quasi-judicial," and "quasi-commercial," which do not align with the legal definition, necessitating adjustments to their governance structures [2]. - The goal is to achieve efficient, scientific, and modern operations of arbitration institutions, ensuring a streamlined and standardized case handling process [2]. Group 2: Digital Transformation - The amendments respond to the digital age by allowing arbitration activities to be conducted online, granting equal legal status to both online and offline arbitration [3]. - Challenges such as confidentiality, independence of arbitration institutions, and the part-time nature of arbitrators present barriers to digital development [3]. - Future efforts will focus on adapting arbitration rules to enhance compatibility with digital technologies and sharing anonymized arbitration data to improve the accuracy and credibility of arbitration decisions [3]. Group 3: Industry Association Activation - The revised law clarifies the supervisory scope and basic functions of the China Arbitration Association, which has not yet achieved significant scale effects in areas like rule-making and industry self-regulation [4]. - The association is encouraged to learn from local arbitration associations and other industry associations to build a self-regulatory system for the arbitration profession [4]. - By developing comprehensive and specialized model arbitration rules, the association aims to enhance the social influence of arbitration and promote international exchanges [4]. Group 4: Brand Development - The amendments support the establishment of a temporary arbitration system and encourage collaboration with international arbitration bodies, enhancing China's role in global arbitration [5]. - As of October 2024, China has 282 arbitration institutions with over 80,000 staff and arbitrators, indicating a robust human resource base for arbitration [5]. - The focus is on leveraging modern branding strategies to improve the image of Chinese arbitration and increase its influence in the international arbitration community [5].