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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]