{"id":152652,"date":"2026-11-04T10:39:12","date_gmt":"2026-11-04T10:39:12","guid":{"rendered":"https:\/\/www.legal500.com\/guides\/?post_type=comparative_guide&#038;p=152652"},"modified":"2026-11-04T12:39:53","modified_gmt":"2026-11-04T12:39:53","slug":"china-international-arbitration","status":"publish","type":"comparative_guide","link":"https:\/\/www.legal500.com\/guides\/chapter\/china-international-arbitration\/","title":{"rendered":"China: International Arbitration"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-152652","comparative_guide","type-comparative_guide","status-publish","hentry","guides-international-arbitration","jurisdictions-china"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">AllBright Law Offices<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2020\/10\/All-Bright-Offices-.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">AllBright Law Offices<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/www.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2020\/10\/All-Bright-Offices-.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of International Arbitration laws and regulations applicable in China<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\t<div class=\"additional-information\"><p><strong><u>The article is for information only and shall NOT be relied on as legal advice.<\/u><\/strong><\/p>\n<p>The article has been prepared by the authors for informational purposes only and shall not be treated as solicitation, advertising, or legal advice. Reading and\/or circulating the article is not intended to create an attorney-client relationship. The article shall be used only as general information and is not maintained by the authors\/AllBright Law Offices, thus may not reflect current legal and\/or legislative developments. Therefore, information in the article is not promised or guaranteed to be correct or complete. Online subscribers and\/or readers shall not rely upon the article for any purpose without seeking legal advice from a qualified lawyer in the relevant jurisdiction. The authors\/AllBright Law Offices expressly disclaim all liability, loss, or damage arising from or relating to any actions taken or not taken based on the article or any of its content.<\/p>\n<p>There are four different legal regimes in the People\u2019s Republic of China, i.e., mainland China, the Hong Kong SAR, the Macao SAR, and the Taiwan Province. In this article, the authors only discuss the law that applies to mainland China.<\/p>\n<\/div>\r\n\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legislation applies to arbitration in your country? Are there any mandatory laws?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In mainland China (\u201cChina\u201d), there are a range of codified laws that apply to arbitration. The core legislation is the Arbitration Law of the People\u2019s Republic of China (the \u201cPRC Arbitration Law\u201d) along with the Interpretation of the Supreme People\u2019s Court on Certain Issues relating to Application of the Arbitration Law of the People\u2019s Republic of China (the \u201cInterpretation of the Arbitration Law\u201d).<\/p>\n<p>The current PRC Arbitration Law (the \u201cPRC Arbitration Law\u201d) was revised and adopted on 12 September 2025, and came into effect on 1\u202fMarch\u202f2026. Regarding the Interpretation of the Arbitration Law, no new version pertaining to the current PRC Arbitration Law has been published yet and the current version is still valid.<\/p>\n<p>In addition, there are other judicial interpretations made by the Supreme People\u2019s Court of the People\u2019s Republic of China.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, China is a Contracting State and has made two reservations. Firstly, China will apply the New York Convention (\u201cNYC\u201d), only on the basis of reciprocity, to the recognition and enforcement of arbitral awards made in the territory of another Contracting State (reciprocity reservation). Secondly, China will apply the NYC only to disputes arising out of legal relationships, whether contractual or not, which are considered as commercial under the mainland Chinese law (commercial reservation).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What other arbitration-related treaties and conventions is your country a party to?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>China has signed the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID Convention) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention on Mediation). China has also signed a series of judicial assistance treaties with a range of countries\/regions and some of which apply to the enforcement of the arbitral awards seated in the contracting countries\/regions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the law governing international arbitration in your country based on the UNCITRAL Model Law? Are there significant differences between the two? Are there any impending plans to reform the arbitration laws in your country? Has your jurisdiction adopted, or is it considering adopting, the amendments of 6 July 2026 regarding electronic awards and communications?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>China is not a UNCITRAL Model Law jurisdiction. The current Arbitration Law has taken effect as of 1 March 2026, and no further official plans for reform have been announced yet. As per Article 67 of the PRC Arbitration Law, the award shall be signed by the arbitrators and affixed with the seal of the arbitration institution, and in practice, electronic awards and communications have been adopted by some arbitration institutions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What arbitral institutions (if any) exist in your country? When were their rules last amended? Are any amendments being considered?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are more than 280 arbitration institutions as of the end of August 2025 in China. Quite a few of those institutions have amended their rules in recent years, and new revisions may be expected to ensure that the rules align with the newly promulgated PRC Arbitration Law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a specialist arbitration court in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. However, among those courts, some are designated to hear arbitration cases in the region (though they still hear other types of cases).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the validity requirements for an arbitration agreement under the laws of your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>PRC Arbitration Law Article 27<\/p>\n<p>An arbitration agreement includes an arbitration clause stipulated in a contract and an agreement to submit to arbitration reached in other written forms before or after a dispute arises.<\/p>\n<p>An arbitration agreement shall contain the following contents:<\/p>\n<p>(1) An expression of intent to submit to arbitration;<\/p>\n<p>(2) The matters to be arbitrated;<\/p>\n<p>(3) The selected arbitration institution.<\/p>\n<p>It is worth noting that: first, Article 27 of the PRC Arbitration Law also stipulates that \u201cwhere one party claims the existence of an arbitration agreement when applying for arbitration, and the other party does not deny it before the first hearing, upon the tribunal\u2019s reminder and record, it shall be deemed that an arbitration agreement exists between the parties\u201d, second, Article 82 of the PRC Arbitration Law recognizes ad hoc arbitration in certain circumstances.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitration clauses considered separable from the main contract?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In principle, yes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your country apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under mainland Chinese law, the validation principle may apply to the foreign-related or foreign arbitration agreements where the parties do not expressly agree on the governing law of the arbitration agreement: if there is a difference by applying the law at the place where the arbitration institution is located and by applying the law at the seat of arbitration, the mainland Chinese court shall apply the law which will validate the arbitration agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are asymmetric arbitration clauses \u2013 for instance, where one party has the right to choose between arbitration or litigation while the other party does not have this option \u2013 valid in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under mainland Chinese law, a valid arbitration agreement requires an expression of clear intent to apply for arbitration. Courts thus tend to invalidate \u201carbitration or litigation\u201d clauses.<\/p>\n<p>However, should the intent of using arbitration be clear, even though litigation is also offered as an option, the arbitration clause in such a hybrid clause may be held valid by Chinese courts. For example, in case (2020) Shanghai 01 Min Xia Zhong No.780, parties entered into an agreement which provided that any dispute or controversy arising from or in connection with this agreement shall first be resolved by arbitration through the Singapore International Arbitration Centre and if the parties are unable to agree on the outcome of the arbitration, either party may submit the dispute to the competent commercial court located at the domicile of Party A for litigation. Upon review, the Shanghai First Intermediate People\u2019s Court ruled that the arbitration provision was valid while the litigation provision was invalid.<\/p>\n<p>Further, regarding asymmetric arbitration clauses, the mainland Chinese courts in practice may still have divergent views. While in the recent case (2022) Beijing 74 Min Te No. 4, the parties had agreed that unless the pledgee chooses otherwise, any dispute, controversy or claim arising out of or relating to the agreement shall be referred to and finally resolved by arbitration administered by the China International Economic and Trade Arbitration Commission (\u201cCIETAC\u201d); despite the foregoing clause, if the pledgee chooses, the parties will submit to the non-exclusive jurisdiction of the courts of Cambodia. Upon review, the Beijing Financial Court held that, given that the pledgee had already filed for arbitration with CIETAC and had expressly waived its right to bring a court action, the dispute-resolution clause constituted a definite and exclusive agreement to arbitrate, rather than an invalid \u201carbitration or litigation\u201d clause \u2014 and thus should be regarded as a valid arbitration agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Interpretation of the Arbitration Law Article 9<\/p>\n<p>Where all or part of a claim or debt is transferred, the arbitration agreement shall be binding on the transferee, unless otherwise agreed by the parties, or unless the transferee expressly objects to the transfer or is unaware of the existence of a separate arbitration agreement at the time of the transfer.<\/p>\n<p>In practice, some arbitration institutions also have their own rules on joinder of additional parties but require that the arbitration shall proceed only if and to the extent that it is satisfied, prima facie, that an arbitration agreement may exist, or all parties have agreed to arbitrate.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any recent court decisions and\/or legislative reform in your country concerning the choice of law applicable to an arbitration agreement where no such law has been specified by the Parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under mainland Chinese law, should it be a mainland case (the parties and subject matter are all mainland ones), the applicable law shall be the mainland Chinese law, i.e., the parties do not have the right to choose a foreign law.<\/p>\n<p>For foreign-related cases, if the subject matter is also not subject to mandatory mainland Chinese law, should no law applicable to the arbitration agreement have been specified by the parties, the law at the place where the arbitration institution is located or the law at the seat of arbitration may apply. In circumstances there is a difference by applying the aforementioned two laws, the law validates the arbitration clause shall apply.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is the law applicable to the substance determined? Is there a specific set of choice of law rules in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In principle, the parties cannot choose foreign law as the governing law if the case is a purely mainland one (the parties and the subject matter are mainland ones).<\/p>\n<p>Recently, on 14 February 2025, the Supreme People\u2019s Court implemented the Reply by the Supreme People\u2019s Court on Issues Relating to the Validity of an Agreement on Choosing Hong Kong or Macao Laws as Applicable Laws to Contracts or on Choosing Hong Kong or Macao as the Seat of Arbitration by Hong Kong\/Macao-invested Enterprises Registered for Establishment in Cities in the Guangdong-Hong Kong-Macao Greater Bay Area, in which if one or both parties to a contract are Hong Kong SAR or Macao SAR invested enterprises registered in Shenzhen or Zhuhai within the Guangdong-Hong Kong-Macao Greater Bay Area, and the parties have agreed to apply the laws of the Hong Kong SAR or the Macao SAR as the governing law of the contract, the People\u2019s Court shall uphold such application upon review if it determines that such application does not violate mandatory provisions of national law and does not harm society\u2019s public interests.<\/p>\n<p>In foreign-related commercial transactions, the parties may agree to apply foreign laws. Nevertheless, such a choice is still subject to certain limitations. As in some areas, mainland Chinese law is mandatorily applied even if the subject matters are foreign-related.<\/p>\n<p>For example, as per Article 467 of the PRC Civil Code, Sino-foreign equity joint venture contracts, Sino-foreign cooperative enterprise contracts, and Sino-foreign contracts for the cooperative exploitation and development of natural resources which are to be performed within the territory of China shall be governed by mainland Chinese law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any particular requirements for and\/or restrictions in the appointment of arbitrators?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In general, Article 21 of the PRC Arbitration Law requires arbitrators to be impartial and upright, professionally competent, and to act with integrity and in accordance with professional ethics.<\/p>\n<p>More specifically, Article 22 requires an arbitrator to satisfy at least one of the professional qualifications so listed.<\/p>\n<p>PRC Arbitration Law Article 22<\/p>\n<p>Arbitrators shall meet one of the following conditions:<\/p>\n<p>(1) Have obtained legal professional qualification through the unified national legal professional qualification examination and have engaged in arbitration work for at least eight years;<\/p>\n<p>(2) Have practiced as a lawyer for at least eight years;<\/p>\n<p>(3) Have served as a judge or prosecutor for at least eight years;<\/p>\n<p>(4) Have engaged in legal research or teaching and possess a senior professional title;<\/p>\n<p>(5) Possess legal knowledge and have engaged in professional work in law, economic and trade, maritime and admiralty, science and technology, and possess a senior professional title or equivalent professional level.<\/p>\n<p>Where laws such as the \u201cSupervision Officer Law of the People\u2019s Republic of China\u201d, \u201cJudge Law of the People\u2019s Republic of China\u201d, and \u201cProsecutor Law of the People\u2019s Republic of China\u201d provide that certain public officials shall not concurrently serve as arbitrators, such provisions shall be followed; other public officials concurrently serving as arbitrators shall comply with relevant regulations.<\/p>\n<p>Arbitration institutions may appoint arbitrators from foreign persons with specialized knowledge in law, economic and trade, maritime and admiralty, science and technology, etc.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the local courts intervene in the selection of arbitrators? If so, how?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No express codified law on this issue. There were some cases in which PRC courts set aside and\/or refused enforcement of the arbitral awards on the ground that arbitrators were not independent or impartial.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the appointment of an arbitrator be challenged? What are the grounds for such a challenge? What is the procedure for such a challenge?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>PRC Arbitration Law Article 46<\/p>\n<p>An arbitrator shall recuse himself or herself, and the parties shall have the right to apply for recusal, under any of the following circumstances:<\/p>\n<p>(1) Is a party, agent, or close relative of a party or agent in the case;<\/p>\n<p>(2) Has an interest in the case;<\/p>\n<p>(3) Has other relationships with a party or agent in the case that may affect the impartiality of the arbitration;<\/p>\n<p>(4) Privately meets with a party or agent, or accepts hospitality or gifts from a party or agent.<\/p>\n<p>In practice, arbitration institutions may also have detailed rules and set forth detailed procedural rules regarding such challenges.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent developments concerning the duty of independence and impartiality of the arbitrators, including the duty of disclosure?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. PRC Arbitration Law Article 45<\/p>\n<p>Where an arbitrator has circumstances that may reasonably cause the parties to doubt his or her independence or impartiality, the arbitrator shall promptly disclose such circumstances in writing to the arbitration institution.<\/p>\n<p>The arbitration institution shall notify the parties in writing of the arbitrator\u2019s written disclosure and the composition of the arbitral tribunal.<\/p>\n<p>Such duty is also generally mentioned in the arbitration rules of quite a few arbitration institutions in China, and some arbitration institutions may have their own code of conduct in this respect.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are arbitrators immune from liability?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As per mainland Chinese law, the arbitrator may bear legal responsibilities and be removed from the panel of arbitrators by the arbitration institutions if the situation is serious that the arbitrator has conducted some misconducts, private meetings with the parties concerned, committed bribery or favouritism or perverted the law in making the arbitral award, etc.<\/p>\n<p>An arbitrator may also commit the Crime of Perverting the law in Arbitration if the arbitrator seriously makes any wrongful ruling intentionally in violation of the facts and laws in the activities of arbitration and may be sentenced to imprisonment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is the principle of competence-competence recognized in your country?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>PRC Arbitration Law Article 31<\/p>\n<p>Where the parties have a dispute over the validity of the arbitration agreement, they may request the arbitration institution or arbitral tribunal to make a decision, or request the people\u2019s court to make a ruling. Where one party requests the arbitration institution or arbitral tribunal to make a decision and the other party requests the people\u2019s court to make a ruling, the people\u2019s court shall make the ruling.<\/p>\n<p>A party raising a dispute over the validity of the arbitration agreement shall do so before the first hearing of the arbitral tribunal.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the approach of local courts towards a party commencing litigation in apparent breach of an arbitration agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If the parties have concluded an arbitration agreement and one party submits the same dispute to the People\u2019s Court, the People\u2019s Court shall not accept the case, unless the arbitration agreement is null and void.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What happens when a respondent fails to participate in the arbitration? Can the local courts compel participation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Local courts cannot compel participation. If the respondent fails to appear before the hearing without justified reasons after having been notified in writing or leaves the hearing prior to the conclusion of the hearing without the permission of the arbitral tribunal, a default award may be made.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can third parties voluntarily join arbitration proceedings? If all parties agree to the intervention, is the tribunal bound by this agreement? If all parties do not agree to the intervention, can the tribunal allow for it?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No express codified law in this regard. Some arbitration institutions have made the relevant rules. Generally speaking, without express agreement among all parties, the tribunal cannot compel a third party to join the arbitration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What interim measures are available? Will local courts issue interim measures pending the constitution of the tribunal? Are anti-suit and\/or anti-arbitration injunctions available and enforceable in your country? What is the approach of local courts in your jurisdiction to anti-arbitration injunctions issued in breach of arbitration agreements?  Have there been any recent decisions on this point?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><ul>\n<li>Interim measures:<\/li>\n<\/ul>\n<p>Under the PRC Arbitration Law, a party to an arbitration agreement may apply to the court for property preservation, conduct preservation (request that the other party be ordered to perform a certain act or be prohibited from performing a certain act), or evidence preservation before filing the arbitration or during the arbitration proceedings. In mainland cases, if a party applies for such interim measures in accordance with mainland Chinese law, arbitration institutions shall transfer the party\u2019s application to the competent court.<\/p>\n<ul>\n<li>Anti-suit and\/or anti-arbitration injunctions:<\/li>\n<\/ul>\n<p>Under mainland Chinese law, there are no statutory anti-suit and\/or anti-arbitration injunctions, and, in practice, there are cases in which the courts refuse to recognize anti-suit injunctions issued by courts\/tribunals in other jurisdictions, with the effect as anti-anti-suit injunction.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there particular rules governing evidentiary matters in arbitration? Will the local courts in your jurisdiction play any role in the obtaining of evidence? Can local courts compel witnesses to participate in arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No particular rules and local courts cannot compel witnesses to participate in arbitration proceedings.<\/p>\n<p>The PRC Arbitration Law Article 55 provides that an arbitral tribunal may request the relevant authorities to assist in collecting evidence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your country? Do these codes and professional standards apply only to counsel and arbitrators having the nationality of your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For lawyers, there are laws and regulations such as the Law of the People\u2019s Republic of China on Lawyers, which stipulates the professional ethics of lawyers in principle. The local lawyers\u2019 associations also have their own rules to regulate the ethics of lawyers.<\/p>\n<p>For arbitrators, apart from those mentioned in Questions 14, 16, 17 and 18, there are no expressed ethical codes\/standards under the PRC Arbitration Law. However, many arbitration institutions have developed their code of conduct for arbitrators, and some institutions may prescribe specific eligibility requirements for foreign arbitrators.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your country, are there any rules with respect to the confidentiality of arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>PRC Arbitration Law Article 52<\/p>\n<p>Arbitration shall not be conducted publicly. Where the parties agree to conduct it publicly, it may be conducted publicly, except where state secrets, others\u2019 trade secrets, or personal privacy are involved.<\/p>\n<p>In practice, arbitration institutions may have more detailed rules in this regard.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the IBA guidelines on conflicts of interest and other similar soft law sources viewed by courts and tribunals in your jurisdiction? Are they frequently applied? Have any developments under the 2024 IBA Guidelines, including the expanded Orange List, the treatment of social media conduct, or due diligence obligations on parties, and the UNCITRAL Code of Conduct for Arbitrators been addressed by courts and tribunals in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Some principles of the IBA Guidelines on Conflicts of Interest (\u201cIBA Guidelines\u201d) are also seen in the PRC Arbitration Law (for instance, the duty of disclosure for arbitrators in the PRC Arbitration Law). In practice, arbitration institutions may also have more detailed rules that incorporate content from these soft law sources. IBA Guidelines may also be referred to or considered by some courts and local arbitration institutions when dealing with the conflict issues.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are the costs of arbitration proceedings estimated and allocated? Can pre- and post-award interest be included in the principal claim and costs incurred?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In principle, when the claimant\/respondent files its claims\/counterclaims, the arbitration institution will calculate the arbitration fees as per the institution\u2019s arbitration rules and the claimant (or the respondent in case of the counterclaim) shall pay the whole arbitration fees from the very beginning without prejudice to the tribunal\u2019s ruling of costs in the final arbitral award.<\/p>\n<p>Pre- and post-award interests are allowed.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are applications for security for costs viewed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No expressed codified law, but as per most of the institutional arbitration rules, the Claimant shall pay the whole arbitration fees from the very beginning without prejudice to the tribunal\u2019s ruling of costs in the final arbitral award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What legal requirements are there in your country for the recognition and enforcement of an award? Is there a requirement that the award be reasoned, i.e. substantiated and motivated?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For arbitration administered by mainland arbitration institutions and seated in mainland, the award shall specify the arbitration request, the facts in dispute, the reason for the award, the conclusion of the award, the burden of the arbitration fee, and the date of the award. The award shall be signed by the members of the tribunal (those with dissenting opinions can choose to sign or not) and stamped by the arbitration institutions. However, if the parties agree that they do not wish to specify the facts in dispute and the reasons for the ruling, such sections can be left out in the award.<\/p>\n<p>To file an application for recognition or enforcement of an award, a party shall at least submit: (i) the written application; (ii) the original arbitral award or the certified copy thereof (if the award is a foreign one, a duly authenticated copy is required); (iii) the original arbitration clause or arbitration agreement or the certified copy thereof; and (iv) the foregoing documents shall be accompanied by a certified Chinese translation should they be in a foreign language.<\/p>\n<p>Also see answers under Question 31.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the estimated timeframe for the recognition and enforcement of an award (domestic and international)? Can a party bring a motion for the recognition and enforcement of an award on an ex parte basis? Would the standard of review be different for domestic and international awards?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As for the timeframe, it may vary and depends on a series of factors, including but not limited to the type of the arbitral award, whether the opponent party raises an objection, the workload of the court, etc. Normally, it will take several months, at least.<\/p>\n<p>After accepting the application made by an applicant regarding the recognition and enforcement of an arbitral award, the court will send out notice to the opponent party.<\/p>\n<p>The standards of reviewing whether the court should refuse enforcement would be different for mainland awards, foreign-related awards, arbitral awards seated in Hong Kong SAR, Macao SAR, and Taiwan Province, and foreign awards as follows.<\/p>\n<ul>\n<li>For mainland awards (i.e., parties, applicable laws, subject matters, and seat are all mainland Chinese ones):<\/li>\n<\/ul>\n<p>(1) there is no arbitration agreement;<\/p>\n<p>(2) the matters decided in the award exceed the scope of the arbitration agreement or are beyond the arbitral authority of the arbitration institution;<\/p>\n<p>(3) the constitution of the arbitral tribunal or the arbitration procedure was not in conformity with the statutory procedure;<\/p>\n<p>(4) the evidence on which the award is based was forged;<\/p>\n<p>(5) the other party has withheld the evidence which is sufficient to affect the impartiality of the arbitration;<\/p>\n<p>(6) the arbitrators have committed embezzlement, accepted bribes or engaged in malpractices for personal benefits or perverted the law in the arbitration of the case; or<\/p>\n<p>(7) the enforcement of the award would be against the society\u2019s public interest.<\/p>\n<ul>\n<li>For foreign-related awards (i.e. with seat in mainland China but some foreign-elements), HK SAR\/ Macao SAR\/Taiwan Province arbitral awards, and foreign awards:<\/li>\n<\/ul>\n<p>The standards are basically in line with Article V of the NYC. Those merits grounds for mainland awards (i.e., the above grounds (4), (5), and (6) for refusing enforcement of mainland arbitral awards) do not apply.<\/p>\n<p>Besides, for the internal judicial review process of refusing enforcement, please see answers under Question 32.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can arbitration awards be appealed or challenged in local courts? What are the grounds and procedure in this regard? Is it possible for parties to waive any rights of appeal or challenge to an award by agreement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under mainland Chinese law, arbitral awards cannot be appealed but can be set aside or refused to be enforced. A party should apply to the competent courts for such a procedure.<\/p>\n<ul>\n<li>Grounds:<\/li>\n<\/ul>\n<p>For the grounds for refusal of enforcement, please see answers under Question 31.<\/p>\n<p>The grounds for setting aside awards would be different for mainland awards and foreign-related awards (seated in mainland China with some foreign elements).<\/p>\n<ul>\n<li>For mainland awards:<\/li>\n<\/ul>\n<p>(1) there is no arbitration agreement;<\/p>\n<p>(2) the matters decided in the award exceed the scope of the arbitration agreement or are beyond the arbitral authority of the arbitration institution;<\/p>\n<p>(3) the constitution of the arbitral tribunal or the arbitration procedure was not in conformity with the statutory procedure;<\/p>\n<p>(4) the evidence on which the award is based was forged;<\/p>\n<p>(5) the other party has withheld the evidence which is sufficient to affect the impartiality of the arbitration;<\/p>\n<p>(6) the arbitrators have committed embezzlement, accepted bribes or engaged in malpractices for personal benefits or perverted the law in the arbitration of the case; or<\/p>\n<p>(7) the arbitral award violates the public interest.<\/p>\n<ul>\n<li>For foreign-related awards:<\/li>\n<\/ul>\n<p>The grounds for refusing enforcement of foreign-related awards also apply to setting aside of foreign-related awards, i.e., basically in line with Article V of the NYC and except above grounds (4), (5) and (6), which only apply to mainland awards.<\/p>\n<ul>\n<li>Procedure:<\/li>\n<\/ul>\n<p>After a party applies for challenging an arbitral award, if the court of the first instance thinks that the challenge should be dismissed, the court can rule directly. However, if the court thinks that the challenge should be upheld, it shall follow an internal judicial review process and report to the higher courts level by level.<\/p>\n<p>For mainland arbitral awards, in principle, the decision-making power of the relevant judicial review shall be exercised by the High People\u2019s Court in the same jurisdiction, unless the ground for setting aside or refusing enforcement of the arbitral awards is the violation of public interests. If so, only the PRC Supreme People\u2019s Court has the decision-making power to confirm the ruling on the setting aside or refusal (where applicable).<\/p>\n<p>For foreign-related arbitral awards, HK SAR\/Macao SAR\/Taiwan Province arbitral awards, and foreign arbitral awards, for potential setting aside or refusing recognition\/enforcement, the lower court shall report to the higher court level-by-level and only the PRC Supreme People\u2019s Court has the decision-making power to confirm the ruling on setting-aside or refusing recognition\/enforcement (where applicable).<\/p>\n<p>As for the waiver of rights of appeal or challenge by agreement, no express codified law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what instances can third parties or non-signatories be bound by an award? To what extent might a third party challenge the recognition of an award?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Generally speaking, the tribunal does not have jurisdiction or power over non-parties and the award thus cannot bind third parties.<\/p>\n<p>For mainland and foreign-related awards, a third party not involved in arbitration may apply to the court for non-enforcement of awards. However, it should be noted that, in general, a third party may not apply to the court for setting aside awards.<\/p>\n<p>The non-enforcement application raised by a third party shall meet the following conditions:<\/p>\n<p>(1) there is evidence to prove the party to the arbitration case maliciously applies for arbitration or fictitious arbitration, undermining the legitimate rights and interests of that third party;<\/p>\n<p>(2) the enforcement of the subject matter involving the lawful rights and interests asserted by that third party has not yet been concluded; and<\/p>\n<p>(3) the application shall be filed within thirty days from the date when the third party gets to know or should have known that the court has taken enforcement measures against the subject matter.<\/p>\n<p>If the third party\u2019s application meets all the following conditions, the court shall uphold the application:<\/p>\n<p>(1) the third party is a holder of the rights or interests;<\/p>\n<p>(2) the rights or interests claimed by the third party are legitimate and true;<\/p>\n<p>(3) there is a fictitious legal relationship between the parties to the arbitration and the facts of the case are fabricated; and<\/p>\n<p>(4) part or all of the results concerning the handling of the civil rights and obligations of the parties concerned in the main text of the arbitral award are wrong, which damages the legitimate rights and interests of the third party.<\/p>\n<p>Besides, there is no explicit provision on whether a third party may challenge a foreign arbitral award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any rules \/ court decisions that regulate or prohibit third party funding of arbitration proceedings \u2013 for instance, where funding by an entity not involved in the dispute in return for a share of the eventual award may be barred \u2013 in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Recently, the Beijing Fourth Intermediate People\u2019s Court made a decision on the application for setting aside an arbitral award involving third-party funding ((2022) Beijing 04 Min Te No. 368). In general, the court rendered that the third-party funding was not in violation of any current laws or the applicable arbitration rules.<\/p>\n<p>There are also rules of the arbitration institution that impose disclosure obligations on the parties involved when third-party funding is involved. For example, the CIETAC Arbitration Rules (effective as of 1 January 2024) stipulate the disclosure obligation of third-party funding.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is emergency arbitrator relief available and recognized in your country? Are decisions made by emergency arbitrators readily enforceable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No expressed codified law (including the PRC Arbitration Law) but some arbitration institutions have such rules. There was a case applying the emergency arbitrator proceedings accepted by the Beijing Arbitration Commission in China (known as the GKML case), under which the interim measure granted by an emergency arbitrator obtained an enforcement order rendered by the High Court of the Hong Kong SAR Region Court of First instance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there arbitral laws or arbitration institutional rules in your country providing simplified or expedited procedures for claims under a certain value? Are they often used?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No expressed codified law but most arbitration institutions have such rules and quite often used.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the setting aside of an award that has been enforced in another jurisdiction or vice versa?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No publicly reported case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions in your country considering the issue of corruption? What standard do local courts apply for proving corruption? Which party bears the burden of proving corruption?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>For mainland arbitral awards (see also answers under Questions 31 and 32), there are some reported cases in which the arbitral award was set aside or refused enforcement on the ground that \u201cthe arbitrators have solicited or accepted bribes, abused power for personal gain, and rendered an unjust or wrongful arbitral award\u201d under mainland Chinese Law. As for the standard for proving, it is stipulated under mainland Chinese law that the foregoing situation refers to the conduct that has already been convicted by an effective criminal judgment or determined by a disciplinary decision. There is no specific expressed standard that applies to the burden of proving corruption in arbitration proceedings, therefore the general rules may apply, that is the burden of proof is borne by the claimant.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country withdrawn from, or announced its intention to withdraw from, the Energy Charter Treaty?  What is the status of the sunset clause in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>China is not a contracting party to the Energy Charter Treaty and merely holds the status of a signatory\u2011observer. Accordingly, there is no issue of withdrawal from such treaty. The sunset clause under the Treaty imposes no direct legal binding force on China.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent court decisions or legislative developments in your country with respect to intra-European investor-State arbitration, the Energy Charter Treaty, or the enforcement of intra-EU? Are there any pending decisions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No publicly reported case.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have arbitral institutions in your country implemented reforms towards greater use of technology and a more cost-effective conduct of arbitrations? Have there been any recent developments regarding virtual hearings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Recently, some arbitration institutions have introduced AI to enhance efficiency in arbitration proceedings. For example, CIETAC has formulated the Guidelines on the Use of Artificial Intelligence Technology in Arbitration (Trial Implementation) in 2025 to regulate the use of AI.<\/p>\n<p>Mainland Chinese arbitration institutions have made efforts to promote the concept of virtual hearing (or semi-virtual hearing) or adopted a reduced fee schedule to support arbitration. For example, the Beijing Arbitration Commission has issued its guidelines on conducting the virtual hearing.<\/p>\n<p>Article 11 of the PRC Arbitration Law also recognizes that, arbitration activities may be conducted online via information networks, except where the parties expressly disagree; arbitration activities conducted online via information networks shall have the same legal effect as offline arbitration activities.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have there been any recent judicial and\/or legislative developments in your jurisdiction with regard to disputes involving ESG issues such as climate change, sustainability, social responsibility and\/or human rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Guided by the philosophy promoted by President Xi that lucid waters and lush mountains are invaluable assets, China advocates harmonious coexistence between humans and nature and sticks to the path of green and sustainable development.<\/p>\n<p>On the judicial side, as per the Opinions of the Supreme People\u2019s Court on Completely, Accurately and Comprehensively Implementing the New Development Concept and Providing Judicial Services for Actively and Steadily Promoting Carbon Peak and Carbon Neutrality (Fa Fa [2023] No. 5), the Supreme People\u2019s Court has expressed support for arbitration institutions to play a greater role in accordance with the law and achieve the organic convergence of mediation, arbitration and litigation.<\/p>\n<p>On the legislative side, the most significant recent ESG-related legislative development in China is the enactment of the Ecological Environment Code of the People\u2019s Republic of China, passed by the National People\u2019s Congress on 12 March 2026 and effective from 15 August 2026.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Have any international economic sanctions regimes been implemented (either independently, or based on EU law) in your jurisdiction recently? Have there been any recent decisions in your country considering the impact of sanctions on international arbitration proceedings?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>China has not implemented any unilateral international economic sanction laws (either independently, or based on EU law), but has established a multi-tiered legal framework for countermeasures against foreign sanctions, anchored by the Anti-Foreign Sanctions Law of the People\u2019s Republic of China and supplemented by administrative regulations, departmental rules, and supporting list-based mechanisms.<\/p>\n<p>As per mainland Chinese law, where the People\u2019s Court decides that there has been a violation of public interest, it shall order to set aside the award\/refuse to recognize and enforce the award. However, there is no clear definition or scope of \u201cpublic interest\u201d under mainland Chinese law though Chinese courts usually adopt a strict and limited application of public interest.<\/p>\n<p>From a procedural perspective, in a case regarding the recognition and enforcement of foreign arbitral awards decided by the Shanghai Financial Court ((2021) Shanghai 74 Xie Wai Ren No. 1), the court considered the sanction imposed by the Chinese government on a barrister chambers for the reason of wilfully spreading lies and disinformation where the arbitrator practiced and held that such a sanction was imposed after issuance of the award, did not constitute a violation of Article V of the NYC, and thus should not affect the recognition and enforcement of the arbitral award.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country enacted any regulation and\/or implemented any rules, guidlines or regulations regarding the use of artificial intelligence (AI), generative AI or large language models in the context of dispute resolution?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No expressed codified law in the context of international arbitration, but China has formulated plans and opinions, i.e., the New-generation Artificial Intelligence Development Plan (Guo Fa [2017] No. 35) and Opinions of the State Council on Deepening the Implementation of the \u201cArtificial Intelligence Plus\u201d Initiatives (Guo Fa [2025] No. 11) released by China\u2019s State Council, and the Opinions of the Supreme People\u2019s Court on Regulating and Strengthening the Applications of Artificial Intelligence in the Judicial Fields (Fa Fa [2022] No. 33), to promote the application of artificial intelligence in the judicial fields in China.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any specific legal, institutional, or procedural frameworks in your jurisdiction governing the arbitration of digital asset or blockchain-related disputes?  Have there been any court decisions in your jurisdiction concerning the validity or enforceability of arbitration agreements incorporated into smart contracts or digital asset terms?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No expressed codified law or publicly reported cases specifically governing the arbitration of digital asset or blockchain-related disputes. But certain institutions have adopted specialized rules, including the Beijing Arbitration Commission\u2019s Digital Economy Arbitration Rules and the Shanghai International Arbitration Center\u2019s Data Arbitration Rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">6343<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/152652","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/www.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=152652"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}