China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

SPC Releases 2023 Annual Report on Judicial Review of Commercial Arbitration

Tue, 05 Nov 2024
Categories: China Legal Trends

On 9 Sept. 2024, China’s Supreme People’s Court (SPC) released the “2023 Annual Report on Judicial Review of Commercial Arbitration” (最高人民法院商事仲裁司法审查年度报告(2023), hereinafter the “Report”).

The Report indicates that in 2023, courts at all levels nationwide concluded over 16,000 judicial review cases concerning commercial arbitration. Chinese courts set aside or partially set aside 552 arbitral awards, with a set-aside rate of 5.11%. Additionally, the courts handled over 5,100 arbitration preservation cases, of which more than 4,900 were supported, with a support rate of 95.73%. The low set-aside rate and the high support rate for preservation cases reflect a clear “pro-arbitration” stance.

Regarding the recognition and enforcement of foreign arbitral awards in China, 75 applications were filed in 2023, of which 69 were supported by the courts, with a support rate of 92%. The foreign arbitral awards recognized and enforced by Chinese courts include those rendered by over ten foreign arbitration institutions, such as the ICC International Court of Arbitration, the Singapore International Arbitration Centre (SIAC), the Court of Arbitration for Sport (CAS) in Switzerland, the Japan Commercial Arbitration Association (JCAA), and the International Commercial Arbitration Court (ICAC) at the Russian Federation Chamber of Commerce and Industry, as well as ad hoc arbitral awards made in the United Kingdom and India.

To date, China has established a total of 282 arbitration institutions. In 2023, these institutions handled 607,000 arbitration cases, representing a year-on-year increase of 27.8%.

Related Posts:

 

 

Photo by Seele An on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Revises Anti-Money Laundering Law

China's newly revised Anti-Money Laundering Law, effective January 1, 2025, strengthens regulations on financial institutions, enhances AML obligations, and includes measures to prevent terrorist financing.

Chinese Supreme Court Judgment Enforced by Court of NSW Australia

In October 2024, the Supreme Court of New South Wales, Australia ruled to enforce a Chinese monetary judgment (Fujian Rongtaiyuan Industrial Co Ltd v Zhan [2024] NSWSC 1318). The Chinese judgment was made by the Fujian High People’s Court, which was affirmed by a judgment of China’s Supreme People’s Court (SPC) in 2021.

China Enacts Preschool Education Law

Effective June 1, 2025, China's newly passed Preschool Education Law emphasizes inclusivity and government-led development, and prohibits primary school-style teaching in kindergartens to promote the well-being and development of preschool children.

China Revises Cultural Relics Protection Law

China's revised Cultural Relics Protection Law, effective March 1, 2025, strengthens preservation measures, introduces pre-construction surveys, and promotes international cooperation in the restitution and return of cultural relics.

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.