涉外仲裁制度

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仲裁法完成修订,地方仲裁水平差异影响新法效果
Di Yi Cai Jing· 2025-09-14 13:08
Core Viewpoint - The revised arbitration law, effective from March 1, 2026, aims to align with international standards and address the evolving needs of China's economy and foreign trade [1] Group 1: Key Changes in Arbitration Law - The new arbitration law consists of eight chapters and ninety-six articles, focusing on enhancing the foreign-related arbitration system and internal governance of arbitration institutions [1] - The law expands the scope of foreign-related arbitration cases and introduces a system for arbitration venues, promoting international cooperation among arbitration institutions [2] - A significant addition is the provision for "temporary arbitration," allowing parties to select arbitrators outside of established arbitration institutions for specific foreign-related disputes [2][3] Group 2: Challenges in Implementation - Experts express concerns about the varying levels of arbitration institutions across different regions, which may hinder the effective implementation of the new temporary arbitration system [3] - The disparity in service capabilities and the understanding of arbitration among local courts could pose challenges for the new regulations to take root in less developed areas [3][4] Group 3: Strengthening Arbitration Institutions - As of August 2025, there are 285 legally established arbitration institutions in China, but there are significant differences in their operational capabilities and the quality of arbitrators [4] - The revised law addresses internal governance issues within arbitration institutions, emphasizing the need for improved supervision and transparency [5] Group 4: External Supervision and Support - The new law introduces external administrative supervision, allowing the Ministry of Justice to guide and oversee arbitration work, which has raised concerns about potential administrative interference [6] - The law enhances the support from people's courts regarding preservation and evidence collection, ensuring timely processing of applications related to arbitration [7][8]