Arbitration Law of the People’s Republic of China，This Law shall enter into force on March 1, 2026.

The main guiding principles of this revision of the Arbitration Law are as follows: Adhering to the correct political direction, fully implementing General Secretary Xi Jinping’s important instructions on arbitration work and the decision-making arrangements of the CPC Central Committee, and promoting the high-quality development of arbitration in the new era.

Adhering to a problem-oriented approach, accurately identifying prominent issues constraining the development of arbitration practice, drawing on China’s national conditions and realities, summarizing and refining practical arbitration experience, enhancing the credibility of arbitration, and promoting innovative arbitration practices with Chinese characteristics that are aligned with internationally accepted rules.

Supporting high-level opening-up, actively aligning with internationally accepted rules, improving the legal framework for foreign-related arbitration, and striving to build China into a preferred destination for international commercial arbitration.

Adhering to a systematic approach, taking into account the differences among various types of arbitration institutions in China, comprehensively considering the characteristics of different arbitration disputes, coordinating the advancement of arbitration practice, and reserving institutional space for relevant reforms and innovations.

Main Revisions

The revised Arbitration Law consists of 8 chapters and 96 articles. The main revisions include:

1. Clarifying the overall requirements for the development of arbitration

It stipulates that the development of arbitration shall implement the policies, guidelines, and decision-making arrangements of the Communist Party of China and the State, serve national high-quality development and high-level opening-up, foster a market-oriented, law-based, and internationalized business environment, and play an active role in resolving economic disputes.

2. Improving the foreign-related arbitration system

The scope of foreign-related arbitration cases is expanded. It is newly provided that, for certain foreign-related disputes, parties may, outside arbitration institutions, choose to form an arbitral tribunal composed of individuals meeting statutory requirements to conduct arbitration in accordance with agreed arbitration rules.

An arbitral seat system is introduced. Arbitration institutions are encouraged to strengthen international exchanges and cooperation, to “go global” and “bring in.” It is also clarified that Chinese arbitration institutions and arbitral tribunals may handle international investment arbitration cases.

3. Improving systems concerning internal governance of arbitration institutions and qualifications of arbitrators

First, the public welfare and non-profit legal person status of arbitration institutions is clarified, requiring the establishment and improvement of internal governance structures and systems for democratic decision-making, personnel management, complaint handling, and strengthened supervision over members, staff, and arbitrators.

Second, the State Council is authorized to formulate specific measures for the registration and administration of arbitration institutions, and violations of such regulations shall be handled in accordance with relevant laws and administrative regulations.

Third, procedures for changes and deregistration of arbitration institutions are standardized.

Fourth, the terms of office and reappointment procedures of members of arbitration institutions are regulated.

Fifth, the qualifications for serving as an arbitrator are improved and channels for appointing arbitrators are expanded.

Sixth, transparency of arbitration institutions and arbitrators is enhanced through the establishment of information disclosure systems.

4. Promoting innovative arbitration practices with Chinese characteristics aligned with international rules

First, it is clarified that arbitration shall adhere to the principle of good faith, and provisions are added to prevent fraudulent arbitration.

Second, in response to the development of information technology, an online arbitration system is introduced.

Third, methods for determining the existence of arbitration agreements are expanded. Where one party asserts the existence of an arbitration agreement and the other party does not deny it before the first hearing, and the arbitral tribunal gives notice and records such fact, an arbitration agreement shall be deemed to exist between the parties.

Fourth, systems for service of arbitral documents are added, and methods for selecting the presiding arbitrator are expanded, fully respecting party autonomy.

Fifth, it is clarified that when the chairman of an arbitration institution appoints arbitrators, the procedures stipulated in the arbitration rules shall be followed, so as to enhance the impartiality of the constitution of arbitral tribunals.

Sixth, the time limit for applying to set aside arbitral awards is shortened to better give play to the advantages of arbitration.

Seventh, judicial and other relevant authorities’ support for arbitration is strengthened in areas such as interim measures and evidence collection.