The Arbitration Law was promulgated in 1994 and amended in 2009 and 2017 respectively. The latest revision entered into force on January 1, 2018.

There are 80 articles in total.

The key points are as follows:

1.Where the disputing parties choose arbitration as a method for dispute resolution, both parties shall do so voluntarily and shall reach an arbitration agreement. Where the disputing parties have reached an arbitration agreement and one party applies to the People’s Court to have the case heard, the People’s Court shall not deal with this, except if the arbitration agreement is invalid.

2.The following disputes shall not be subject to arbitration: (1) disputes concerning marriage, adoption, custody, fostering and succession; (2) administrative disputes which shall, in accordance with the law, be dealt with by administrative authorities.

3.Arbitration awards shall be final.

4.An arbitration commission shall be created jointly by the chamber of commerce and the relevant departments of the municipal people’s government.

5.An arbitration commission shall be independent of administrative authorities and shall have no subordinate relationship with such.

6.A commission member shall fulfil one of the following requirements: (1) obtained legal professional qualification upon passing the national unified legal professional qualification examination, and has undertaken arbitration work for eight years; (2) a full eight years as a lawyer; (3) has been appointed as a judge for eight years; (4) involvement in legal research or teaching as well as holding a senior academic title; (5) involvement in economics and trade and possessing an understanding of the law as well as having a senior academic title or its specialized equivalent.

7.Where the parties concerned have a differing opinion upon the validity of an arbitration agreement, a request may be made for an award to be made by the arbitration commission or a judgment made by the court. Where one party requests an award to be made by the arbitration commission and the other party requests a judgment from the court, it shall be judged by the court.

8.Where the parties concerned can provide evidence disproving the arbitration award in any of the following circumstances, they may request a cancellation of the arbitration award by an intermediate People’s Court at the place where the arbitration commission is located: (1) there was no arbitration agreement; (2) the matters decided in the award exceed the scope of the arbitration agreement or are beyond the arbitral authority of the arbitration commission;; (3) the establishment of the arbitration tribunal or arbitration procedures are in contravention of legal proceedings; (4) the evidence on which the award is based was forged; (5) the other party has concealed evidence to the degree that fairness has been affected; (6) arbitrators have accepted bribes, resorted to deception for personal gain or perverted the course of justice by the award.

9.Where laws regulate time limits upon arbitration, those laws shall apply. Where laws make no regulation for time limits, time limit regulations for litigation shall apply.