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新修订仲裁法涉外纠纷增加“特别仲裁”制度 明年3月起施行
Zhong Guo Jing Ying Bao· 2025-10-01 09:43
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]