Core Points - The revised arbitration law will take effect on March 1, 2026, introducing a "special arbitration" system aimed at enhancing the inclusiveness and regulatory framework of China's arbitration system [1][2] Group 1: Special Arbitration System - The "special arbitration" system is a significant highlight of the revised law, designed to allow more foreign-related parties to choose arbitration in China, drawing on international practices of temporary arbitration [1][2] - The system is limited to disputes with foreign elements, specifically foreign maritime disputes or disputes between registered enterprises in designated free trade zones approved by the State Council [3] - Written agreements are required, specifying a location within China for arbitration, ensuring that the arbitration is governed by Chinese law and subject to judicial review by Chinese courts [3] Group 2: Implementation and Regulation - The revised law incorporates experiences from pilot programs initiated in free trade zones since 2016, which have laid the groundwork for the special arbitration system [2] - The law mandates that after the formation of the arbitration panel, relevant information must be filed with the arbitration association within three working days to ensure oversight and regulation [3] - The law allows arbitration activities to be conducted online, with equal legal validity to offline arbitration, reflecting the growing trend of online arbitration in China [3] Group 3: Role of Arbitration Associations - The new law establishes responsibilities for arbitration associations, including the duty to file records of special arbitration cases [4]

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]

Core Viewpoint - The newly revised arbitration law introduces a special arbitration system aimed at enhancing the inclusiveness and standardization of China's arbitration framework, particularly for foreign-related disputes [1][2]. Group 1: Reasons for Introducing Special Arbitration System - The special arbitration system is designed to increase the inclusiveness of China's arbitration system, allowing for both institutional and ad hoc arbitration models to coexist, which is common in many countries [1]. - The need for a more flexible and economical arbitration option is emphasized, as the previous system primarily relied on institutional arbitration [1]. - The introduction of the special arbitration system is also a response to the need for better awareness and capability among parties regarding arbitration, as China's arbitration practices are relatively new [2]. Group 2: Implementation and Regulation of Special Arbitration - The special arbitration system is based on practical experiences from pilot programs initiated in free trade zones since 2016, which have laid the groundwork for this legislative change [2]. - The revised law specifies the applicable subjects, types of cases, and procedural requirements for special arbitration, enhancing both openness and regulatory oversight [2]. - The system mandates that disputes must involve foreign elements and be agreed upon in writing, with arbitration taking place in China under Chinese arbitration law [3]. Group 3: Key Features of Special Arbitration - The special arbitration system is limited to disputes with foreign factors, including foreign maritime disputes and those between enterprises registered in designated free trade zones [3]. - It requires written agreements specifying the arbitration location within China, ensuring that the resulting awards are subject to judicial review by Chinese courts [3]. - The selection of arbitrators must comply with unified qualification standards, and relevant information must be reported to the arbitration association within three working days to ensure oversight and compliance [3].