Arbitration Law of the People's Republic of China (Amended in 2017)
Arbitration Law of the People's Republic of China (Amended in 2017)
Arbitration Law of the People's Republic of China (Amended in 2017)
Order of the President of the People's Republic of China No.76
September 1, 2017
(Adopted at the 9th Meeting of the Standing Committee of the 8th National People's Congress on August 31, 1994; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws including the Judges Law of the People's Republic of China at the 29th Meeting of the Standing Committee of the 12th National People's Congress on September 1, 2017)
Contents
Chapter I General Provisions
Chapter II Arbitration Commissions and the Arbitration Association
Chapter III Arbitration Agreement
Chapter IV Arbitration Proceedings
Section 1 Application and Acceptance
Section 2 Formation of Arbitration Tribunal
Section 3 Hearing and Award
Chapter V Application for Setting Aside Arbitration Award
Chapter VI Enforcement
Chapter VII Special Provisions for Arbitration Involving Foreign Elements
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to ensure impartial and prompt arbitration of economic disputes, to protect the legitimate rights and interests of the parties, and to safeguard the sound development of the socialist market economy.
Article 3 Contractual disputes and other disputes over rights and interests in property arising between citizens, legal persons, and other organizations that are equal subjects, may be arbitrated.
Article 3 The following disputes may not be arbitrated:
(1) Disputes over marriage, adoption, guardianship, maintenance, or inheritance; and
(2) Administrative disputes that shall be handled by administrative authorities as prescribed by law.
Article 4 The parties' submission to arbitration to resolve their dispute shall be on the basis of both parties' free will and an arbitration agreement reached between them. If a party applies for arbitration in the absence of an arbitration agreement, the arbitration commission shall not accept the case.
Article 5 If the parties have concluded an arbitration agreement and one party institutes an action in a people's court, the people's court shall not accept the case, unless the arbitration agreement is null and void.
Article 6 The arbitration commission shall be selected by the parties through agreement.
Arbitration is not subject to hierarchical or territorial jurisdiction.
Article 7 In arbitration, disputes shall be resolved on the basis of facts, in compliance with the law, and in an equitable and reasonable manner.
Article 8 Arbitration shall be conducted independently in accordance with the law and shall be free from interference by any administrative authorities, social organizations, or individuals.
Article 9 A system of a single and final award shall be implemented for arbitration. If a party applies for arbitration to an arbitration commission or institutes an action in a people's court regarding the same dispute after an arbitral award has been rendered, the arbitration commission or the people's court shall not accept the case.
If an arbitral award is set aside or its enforcement is denied by the people's court in accordance with the law, a party may apply for arbitration based on a new arbitration agreement reached between the parties, or institute an action in the people's court, regarding the same dispute.
Chapter II Arbitration Commissions and Arbitration Association
Article 10 Arbitration commissions may be established in municipalities directly under the Central Government and in cities that serve as the seats of the people's governments of provinces or autonomous regions. They may also be established in other cities divided into districts as needed, and they are not required to be established at each level of administrative division.
The people's governments of the cities mentioned in the preceding paragraph shall arrange for the relevant departments and chambers of commerce to organize arbitration commissions in a unified manner.
The establishment of an arbitration commission shall be registered with the administrative department of justice of the relevant province, autonomous region, or municipality directly under the Central Government.
Article 11 An arbitration commission shall meet the following conditions:
(1) Have its own name, domicile, and charter;
(2) Have the necessary property;
(3) Have its constituent members; and
(4) Have appointed arbitrators.
The charter of an arbitration commission shall be formulated in accordance with this Law.
Article 12 An arbitration commission shall be composed of one chairperson, two to four vice chairpersons, and seven to eleven members.
The positions of chairperson, vice chairpersons, and members of an arbitration commission shall be held by experts in the fields of law, economy and trade, as well as individuals with practical work experience. Experts in the fields of law, economy and trade shall account for at least two thirds of the members of an arbitration commission.
Article 13 An arbitration commission shall appoint its arbitrators from among upright and impartial individuals.
An arbitrator shall meet one of the following conditions:
(1) Have obtained a legal professional qualification by passing the national unified legal professional qualification examination, and have worked in arbitration for at least eight years;
(2) Have practiced as a lawyer for at least eight years;
(3) Have served as a judge for at least eight years;
(4) Work in legal research or legal teaching with a senior professional title; or
(5) Have knowledge in law and work in professions such as economy and trade, with a senior professional title or at the equivalent professional level.
An arbitration commission shall maintain a register of arbitrators categorized by specialization.
Article 14 Arbitration commissions shall be independent from administrative authorities, and there shall be no subordinate relationships between arbitration commissions and administrative authorities.
......
Order of the President of the People's Republic of China No.76
September 1, 2017
(Adopted at the 9th Meeting of the Standing Committee of the 8th National People's Congress on August 31, 1994; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws including the Judges Law of the People's Republic of China at the 29th Meeting of the Standing Committee of the 12th National People's Congress on September 1, 2017)
Contents
Chapter I General Provisions
Chapter II Arbitration Commissions and the Arbitration Association
Chapter III Arbitration Agreement
Chapter IV Arbitration Proceedings
Section 1 Application and Acceptance
Section 2 Formation of Arbitration Tribunal
Section 3 Hearing and Award
Chapter V Application for Setting Aside Arbitration Award
Chapter VI Enforcement
Chapter VII Special Provisions for Arbitration Involving Foreign Elements
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to ensure impartial and prompt arbitration of economic disputes, to protect the legitimate rights and interests of the parties, and to safeguard the sound development of the socialist market economy.
Article 3 Contractual disputes and other disputes over rights and interests in property arising between citizens, legal persons, and other organizations that are equal subjects, may be arbitrated.
Article 3 The following disputes may not be arbitrated:
(1) Disputes over marriage, adoption, guardianship, maintenance, or inheritance; and
(2) Administrative disputes that shall be handled by administrative authorities as prescribed by law.
Article 4 The parties' submission to arbitration to resolve their dispute shall be on the basis of both parties' free will and an arbitration agreement reached between them. If a party applies for arbitration in the absence of an arbitration agreement, the arbitration commission shall not accept the case.
Article 5 If the parties have concluded an arbitration agreement and one party institutes an action in a people's court, the people's court shall not accept the case, unless the arbitration agreement is null and void.
Article 6 The arbitration commission shall be selected by the parties through agreement.
Arbitration is not subject to hierarchical or territorial jurisdiction.
Article 7 In arbitration, disputes shall be resolved on the basis of facts, in compliance with the law, and in an equitable and reasonable manner.
Article 8 Arbitration shall be conducted independently in accordance with the law and shall be free from interference by any administrative authorities, social organizations, or individuals.
Article 9 A system of a single and final award shall be implemented for arbitration. If a party applies for arbitration to an arbitration commission or institutes an action in a people's court regarding the same dispute after an arbitral award has been rendered, the arbitration commission or the people's court shall not accept the case.
If an arbitral award is set aside or its enforcement is denied by the people's court in accordance with the law, a party may apply for arbitration based on a new arbitration agreement reached between the parties, or institute an action in the people's court, regarding the same dispute.
Chapter II Arbitration Commissions and Arbitration Association
Article 10 Arbitration commissions may be established in municipalities directly under the Central Government and in cities that serve as the seats of the people's governments of provinces or autonomous regions. They may also be established in other cities divided into districts as needed, and they are not required to be established at each level of administrative division.
The people's governments of the cities mentioned in the preceding paragraph shall arrange for the relevant departments and chambers of commerce to organize arbitration commissions in a unified manner.
The establishment of an arbitration commission shall be registered with the administrative department of justice of the relevant province, autonomous region, or municipality directly under the Central Government.
Article 11 An arbitration commission shall meet the following conditions:
(1) Have its own name, domicile, and charter;
(2) Have the necessary property;
(3) Have its constituent members; and
(4) Have appointed arbitrators.
The charter of an arbitration commission shall be formulated in accordance with this Law.
Article 12 An arbitration commission shall be composed of one chairperson, two to four vice chairpersons, and seven to eleven members.
The positions of chairperson, vice chairpersons, and members of an arbitration commission shall be held by experts in the fields of law, economy and trade, as well as individuals with practical work experience. Experts in the fields of law, economy and trade shall account for at least two thirds of the members of an arbitration commission.
Article 13 An arbitration commission shall appoint its arbitrators from among upright and impartial individuals.
An arbitrator shall meet one of the following conditions:
(1) Have obtained a legal professional qualification by passing the national unified legal professional qualification examination, and have worked in arbitration for at least eight years;
(2) Have practiced as a lawyer for at least eight years;
(3) Have served as a judge for at least eight years;
(4) Work in legal research or legal teaching with a senior professional title; or
(5) Have knowledge in law and work in professions such as economy and trade, with a senior professional title or at the equivalent professional level.
An arbitration commission shall maintain a register of arbitrators categorized by specialization.
Article 14 Arbitration commissions shall be independent from administrative authorities, and there shall be no subordinate relationships between arbitration commissions and administrative authorities.
......