Acceso usuarios
Liu Hong, Maciej Zénkiewicz
The 2025 revision of China’s Arbitration Law constitutes the most comprehensive reform since its original enactment, aiming to modernize the arbitration framework and enhance China’s global competitiveness. Drawing on over thirty years of judicial and institutional experience, the new law introduces a formal definition of the “seat of arbitration” (Article 81), adopting a three-tiered approach—party agreement, arbitration rules, and tribunal determination—closely aligned with the UNCITRAL Model Law and resolving prior ambiguities regarding award validity and nationality. Article 86 permits foreign arbitration institutions to establish branches in designated free trade zones, fostering international cooperation. The principle of Kompetenz-kompetenz is codified (Article 31), granting tribunals the authority to rule on their own jurisdiction. However, courts retain concurrent and prevailing jurisdiction in simultaneous challenges, reflecting a partial alignment with international norms. Article 45 introduces a statutory obligation for arbitrators to disclose circumstances affecting impartiality, harmonizing Chinese law with international standards. Ad hoc arbitration is recognized for the first time (Article 82), but its scope is narrowly limited to foreign-related maritime disputes and certain free trade zone cases, indicating a cautious legislative approach. Online arbitration is codified (Article 11), ensuring procedural efficiency and legal certainty. Collectively, these reforms bring China closer to international best practices, increasing its attractiveness to foreign users, though notable differences—especially strong judicial supervision—remain
