仲裁法修订
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新修订的仲裁法加强对仲裁机构仲裁员的监督
Xin Hua She· 2025-10-05 12:05
Core Viewpoint - Strengthening the supervision of arbitrators by arbitration institutions is a crucial measure to enhance the credibility of arbitration [1] Group 1: Legislative Changes - The newly revised Arbitration Law was passed on September 12, during the 17th meeting of the 14th National People's Congress Standing Committee, which aims to improve the supervision and management system of arbitration institutions [1] - The revised law emphasizes internal supervision within arbitration institutions, establishing governance, democratic deliberation, personnel management, and complaint handling systems [1] Group 2: Social Supervision - The revised Arbitration Law introduces a system for public disclosure of information by arbitration institutions, requiring timely publication of charters, registration, arbitration rules, arbitrator lists, fee standards, annual business reports, and financial reports [1] - It includes provisions for arbitration integrity, stating that if an arbitration tribunal discovers collusion among parties intending to harm national interests, public interests, or the legitimate rights of others, the arbitration request should be rejected [1] Group 3: Implementation Measures - The Ministry of Justice is working on developing supporting regulations and has begun drafting management measures for the registration of arbitration institutions [1] - Efforts are underway to enhance the construction of the China Arbitration Association to prepare for the implementation of the Arbitration Law and to continuously improve the credibility and international influence of arbitration in China [1]
最高法:正加快制定新修订仲裁法的配套司法解释
Zhong Guo Jing Ying Bao· 2025-10-01 08:37
Core Points - The revised arbitration law will take effect on March 1, 2024, with the Supreme People's Court accelerating the drafting of supporting judicial interpretations to ensure the implementation of the revised law in judicial practice [1][3][5] Group 1: Key Changes in Arbitration Law - The application period for the annulment of arbitration awards has been shortened from 6 months to 3 months, aimed at encouraging timely exercise of rights and enhancing the efficiency of court procedures [2][3] - The arbitration preservation system has been improved, allowing parties to apply for preservation measures directly to the court in urgent situations before arbitration [2][3] - The investigation and evidence collection system for arbitration tribunals has been enhanced, allowing tribunals to request assistance in evidence collection when necessary [2][3] Group 2: Support for International Arbitration - The revised law introduces the arbitration location system and special arbitration system, facilitating the choice of China as the arbitration venue for cross-border commercial disputes [3][4] - The law aligns with international rules, providing a clear legal basis for courts to support and supervise international arbitration, thereby enhancing China's international competitiveness in arbitration [3][4] Group 3: Implementation Measures - The Ministry of Justice is preparing supporting measures for the implementation of the revised arbitration law, including drafting management regulations for arbitration institutions and promoting the establishment of the China Arbitration Association [1][5] - The Supreme People's Court will focus on improving the judicial review mechanism for arbitration, optimizing the connection between annulment and enforcement procedures, and enhancing training on the application of the law [4][5]
新修订仲裁法颁布,允许境外仲裁机构在海南自由贸易港等区域设立业务机构
Zhong Guo Jing Ying Bao· 2025-09-30 17:36
Core Viewpoint - The newly revised Arbitration Law of the People's Republic of China, effective from March 1, 2026, significantly expands the scope of foreign-related arbitration and supports the internationalization of arbitration institutions, marking a major reform since the 1994 Arbitration Law [1][4]. Summary by Sections Arbitration Law Revision - The revised Arbitration Law includes 96 articles, an increase of 16 articles compared to the previous version, and aims to enhance the credibility and international competitiveness of China's arbitration system [4][6]. - The law supports the establishment of business institutions by Chinese arbitration organizations abroad and allows foreign arbitration institutions to set up in designated free trade zones [1][4]. Scope and Impact - The new law broadens the range of foreign-related arbitration cases, covering economic trade, transportation, maritime disputes, and other foreign-related issues, which is a significant expansion from the 1994 law [1][6]. - Data shows that in the past five years, Chinese arbitration institutions handled approximately 16,000 foreign-related arbitration cases with a total amount of about 730 billion yuan, indicating China's growing role as a preferred destination for international commercial arbitration [1][3]. Institutional Development - As of August 2025, there are 285 legally established arbitration committees in China, which have processed over 5 million arbitration cases involving more than 90 trillion yuan, serving various sectors including finance, e-commerce, and intellectual property [3][4]. - The revised law emphasizes the need for a governance structure within arbitration institutions and sets standards for the appointment and supervision of arbitrators [7]. Innovation and Technology - The new law introduces provisions for online arbitration, ensuring that online arbitration has the same legal effect as traditional arbitration, thus adapting to technological advancements [7]. - It also includes measures to prevent fraudulent arbitration and streamline the arbitration process, such as shortening the time frame for applying to revoke arbitration [7].
全国依法设立二百八十五家仲裁委员会
Ren Min Ri Bao· 2025-09-29 22:30
Core Points - The Ministry of Justice held a press conference on September 29 to introduce the revised Arbitration Law, which will take effect on March 1, 2026 [1] - As of August 2025, there are 285 arbitration committees established nationwide, handling over 5 million arbitration cases with a total amount in dispute exceeding 9 trillion yuan [1] - The revised Arbitration Law includes 96 articles, an increase of 16 from the previous version, aimed at improving international arbitration systems and enhancing the credibility of arbitration [1] Group 1 - The revised Arbitration Law supports Chinese arbitration institutions to establish business entities abroad and conduct arbitration activities [2] - It allows foreign arbitration institutions to set up business entities in designated areas such as free trade pilot zones and Hainan Free Trade Port, in accordance with national regulations [2] - In the past five years, approximately 16,000 foreign-related arbitration cases have been handled by Chinese arbitration institutions, with a total amount in dispute around 730 billion yuan [1]
全国人大:新仲裁法拓宽涉外仲裁范围,支持仲裁机构走出去
Nan Fang Du Shi Bao· 2025-09-29 06:05
Core Points - The newly revised Arbitration Law of the People's Republic of China was passed and will take effect on March 1, 2026, expanding the scope of foreign-related arbitration cases and supporting Chinese arbitration institutions to establish business entities abroad [1][2] Summary by Sections Expansion of Foreign-Related Arbitration - The revised law significantly broadens the scope of foreign-related arbitration cases, explicitly allowing for arbitration in foreign economic trade, transportation, maritime disputes, and other foreign-related disputes, marking a substantial expansion compared to the 1994 Arbitration Law [1] Arbitration Venue System - A new arbitration venue system has been established, aligning with international commercial arbitration practices. The law specifies that the arbitration venue will determine the applicable law for arbitration procedures and the jurisdiction of the courts, with provisions for parties to agree on the venue in writing [2] Support for International Cooperation - The revised law encourages Chinese arbitration institutions to enhance international cooperation, explicitly stating that the state supports these institutions in engaging with foreign arbitration bodies and relevant international organizations [3] Promoting "Going Global" Strategy - The law supports Chinese arbitration institutions in establishing business entities abroad and allows foreign arbitration institutions to set up in designated areas such as free trade pilot zones and Hainan Free Trade Port, facilitating foreign-related arbitration activities [3] Specific Provisions for Recognition and Enforcement - The revised law includes specific provisions regarding the recognition and enforcement of arbitration awards made within China and those made abroad, detailing the processes for applying to foreign courts and Chinese courts for recognition and enforcement [3]
新修订的仲裁法明年3月1日起施行,更好服务高水平对外开放
Xin Jing Bao· 2025-09-13 10:39
Core Points - The newly revised Arbitration Law was passed by the Standing Committee of the 14th National People's Congress on September 12, 2023, and will take effect on March 1, 2026, emphasizing the alignment with the policies of the Communist Party of China and the country's high-quality development and high-level opening-up [1][2] Group 1: Legal Framework and International Cooperation - The revised Arbitration Law consists of 8 chapters and 96 articles, aiming to establish a legal system for arbitration that is compatible with international norms while reflecting Chinese characteristics, thereby enhancing the credibility and international competitiveness of China's arbitration [2] - The law supports arbitration institutions in establishing business entities abroad and encourages collaboration with international arbitration organizations, which is crucial for improving the legal environment for foreign-related arbitration [2][3] Group 2: Online Arbitration and Data Security - The revised law allows arbitration activities to be conducted online through information networks, provided that all parties agree, ensuring that online arbitration holds the same legal validity as traditional in-person arbitration [2][3] - Suggestions were made to enhance the connection between online arbitration and data security, including mandatory regulations for data protection and clear standards for the security of electronic evidence during arbitration processes [4]
人大常委会丨新修订的仲裁法自2026年3月1日起施行
Xin Hua She· 2025-09-12 14:44
Core Points - The newly revised Arbitration Law was passed by the 17th meeting of the 14th National People's Congress Standing Committee on September 12, 2023, and will take effect on March 1, 2026 [1] - The revised Arbitration Law consists of 8 chapters and 96 articles, aiming to enhance China's arbitration legal system, improve international competitiveness, and better serve high-quality development and high-level opening-up [1] - The law allows arbitration activities to be conducted online through information networks, granting equal legal validity to online and offline arbitration, unless explicitly opposed by the parties involved [1] - The law supports arbitration institutions in establishing business entities abroad and allows foreign arbitration institutions to set up operations in designated areas such as free trade zones and Hainan Free Trade Port, subject to state regulations [1] - The revised law also includes modifications to related systems concerning foreign-related arbitration, arbitration supervision, and court support for arbitration [2]
受权发布丨中华人民共和国主席令(第五十四号)
Xin Hua Wang· 2025-09-12 13:52
Group 1 - The Arbitration Law of the People's Republic of China has been revised and approved by the 17th meeting of the Standing Committee of the 14th National People's Congress on September 12, 2025 [2] - The revised law will come into effect on March 1, 2026 [2] - The announcement was made by the President of the People's Republic of China, Xi Jinping [2]
人大常委会 | 新修订的仲裁法自2026年3月1日起施行
Xin Hua She· 2025-09-12 11:50
Core Points - The newly revised Arbitration Law was passed by the 14th National People's Congress Standing Committee and will take effect on March 1, 2026, enhancing the arbitration legal system in China to align with international standards [1][2] - The revised law allows arbitration activities to be conducted online, providing equal legal validity to online and offline arbitration, unless parties explicitly disagree [1] - The law supports arbitration institutions in establishing business entities abroad and conducting arbitration activities, particularly in free trade zones and Hainan Free Trade Port [1] Summary by Sections - **Arbitration as a Dispute Resolution Method** - The revised Arbitration Law emphasizes arbitration as a widely accepted method for resolving disputes, crucial for optimizing the business environment and enhancing legal strength [1] - **Legal Framework and International Cooperation** - The law consists of 8 chapters and 96 articles, aimed at strengthening foreign-related legal construction and improving China's arbitration credibility and international competitiveness [1] - It encourages collaboration between domestic arbitration institutions and foreign arbitration bodies, as well as participation in the formulation of international arbitration rules [1] - **Online Arbitration** - The law permits online arbitration, ensuring that it holds the same legal weight as traditional arbitration unless the parties involved express their disagreement [1] - **Support for International Arbitration** - The revised law facilitates the establishment of business entities by arbitration institutions outside of China, allowing for international arbitration activities in designated areas [1]
新修订的仲裁法自2026年3月1日起施行
Xin Hua Wang· 2025-09-12 09:59
Core Points - The newly revised Arbitration Law was passed by the 17th meeting of the 14th National People's Congress Standing Committee and will take effect on March 1, 2026 [1] - The revised Arbitration Law consists of 8 chapters and 96 articles, aiming to enhance China's arbitration legal system, improve international competitiveness, and better serve high-quality development and high-level opening-up [1] - The law allows arbitration activities to be conducted online, providing equal legal validity to online and offline arbitration, unless explicitly opposed by the parties involved [1] - The law supports arbitration institutions in establishing business entities abroad and conducting arbitration activities, particularly in designated free trade zones and Hainan Free Trade Port [1] - Modifications have been made to related systems concerning foreign-related arbitration, arbitration supervision, and court support for arbitration [2]