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台胞走进上海国际仲裁中心 共话法治保障下的融合发展
Zhong Guo Xin Wen Wang· 2025-12-26 01:36
中新网上海12月25日电(范宇斌)近日,"法治赋能台胞发展——台胞走进上海国际仲裁中心"交流活动 在上海国际仲裁中心举行。在沪台胞律师、台资企业负责人代表40余人参加活动。 上海市台联党组书记李海泳结合当前形势与台胞台企的发展机遇,鼓励与会嘉宾进一步坚定发展信心, 主动融入城市发展大局,持续发挥专业优势与桥梁作用,共同为推动上海"十五五"时期的高质量发展和 社会主义现代化国际大都市建设取得决定性进展贡献智慧与力量。 "上海凭借其国际一流的营商环境和专业服务生态,成为两岸交流与经贸合作的高地。"上海市台联副会 长韦健表示,本次活动旨在让台胞近距离感受大陆法治建设的坚实进步,清晰地看到在沪投资兴业、安 居乐业的广阔前景与坚实保障,期待两岸同胞共同把握新仲裁法机遇,在法律阳光下携手书写融合发展 新篇章。 与会各方认为,本次活动以专业促理解、以规则筑信任,为两岸商事主体提供稳定、公平、透明的争议 解决指引,有助于依法保障台胞台企合法权益,推动两岸经贸合作在法治轨道上行稳致远。 责编:李磊、王瑞景 上海国际仲裁中心秘书长王唯骏以上海国际仲裁中心"坚持通过集体会议指定仲裁员"的实践为例,介绍 了该机构在保障仲裁结果的公正 ...
中华人民共和国仲裁法(全文)
Xin Hua She· 2025-09-15 02:05
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]
受权发布|中华人民共和国仲裁法
Xin Hua She· 2025-09-12 16:15
Core Points - The Arbitration Law of the People's Republic of China 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 [1] - The development of arbitration services aligns with the policies and decisions of the Communist Party of China and the state, serving high-quality development and high-level opening-up [1] Chapter Summaries Chapter 1: General Principles - The law is established to guarantee fair and timely arbitration of economic disputes and protect the rights of parties involved [1] - The development of arbitration services is in line with national policies and aims to create a market-oriented, law-based, and international business environment [1] Chapter 2: Arbitration Institutions, Arbitrators, and Arbitration Associations - Arbitration institutions can be established in municipalities and provincial capitals, and they are non-profit entities organized by local governments and chambers of commerce [11][12] - The members of arbitration institutions must include legal, economic, and technical experts, with at least two-thirds being professionals in these fields [18] - The China Arbitration Association serves as a self-regulatory organization for arbitration institutions, overseeing their conduct [25][26] Chapter 3: Arbitration Agreements - Arbitration agreements can be included in contracts or established in writing before or after a dispute arises [28] - An arbitration agreement must specify the intention to arbitrate, the arbitration matters, and the chosen arbitration institution [29] Chapter 4: Arbitration Procedures - Parties must submit an arbitration application that meets specific conditions, including having an arbitration agreement and a clear request [32] - The arbitration tribunal can consist of one or three arbitrators, with the parties having the right to select or appoint them [42] Chapter 5: Application for Revocation of Awards - Parties can apply to revoke an arbitration award if there is no arbitration agreement, if the award exceeds the scope of the agreement, or if there are procedural violations [54] Chapter 6: Enforcement - Parties are required to comply with arbitration awards, and non-compliance can lead to enforcement actions in court [75] Chapter 7: Special Provisions for Foreign-related Arbitration - Foreign-related arbitration is subject to specific provisions, and parties can choose the arbitration location and applicable laws [81] Chapter 8: Supplementary Provisions - The law will come into effect on March 1, 2026, and it includes provisions for arbitration fees and compliance with international investment treaties [96]