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ARTICLE · 15 OCTOBER 2024

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The Dawn Of Ad Hoc Arbitration In Mainland China: A Real Possibility?

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Mainland China has embarked on a process of aligning its arbitration practice more to international norms, notably through the introduction of ad hoc arbitration.

ChinaLitigation, Mediation & Arbitration

Mainland China has embarked on a process of aligning its arbitration practice more to international norms, notably through the introduction of ad hoc arbitration.

This form of arbitration is widely recognised for its adaptability, cost-effectiveness and ability to be tailored to the specific needs of disputing parties.

Mainland China has traditionally favoured institutional arbitration over ad hoc arbitration, which to date is not yet officially recognised by national legislation. But restrictions surrounding it have notably relaxed in recent years.

The inception of acceptance was thepromulgation ofthe Opinions on Provision of Judicial Support for the Development of Pilot Free Trade Zones by the Supreme People's Court (SPC) on 30 December 2016. This document introduced the concept of "Three Specific Elements", i.e., enterprises registered in the Pilot Free Trade Zones (Trade Zones) may submit their disputes for ad hoc arbitration (1) to arbitrators who meet

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