On the morning of November 1, 2024, the Legislative Affairs Committee of the Standing Committee of the National People's Congress held a press conference. Huang Haihua, director of the Research Office of the Legislative Affairs Committee of the Standing Committee of the National People's Congress, introduced the main situation of the draft law to be considered at the 12th meeting of the 14th National People's Congress Standing Committee starting today: the 32nd Chairman's Meeting of the 14th National People's Congress Standing Committee decided that the 12th meeting of the 14th National People's Congress Standing Committee would be held in Beijing from November 4 to 8. The Chairman's Meeting recommends:

Among them, regardingarbitrationFa He said that the current arbitration law was adopted at the ninth meeting of the Standing Committee of the Eighth National People's Congress in August 1994, and was partially revised in 2009 and 2017.Since the implementation of the Arbitration Law, various arbitration commissions have resolved a large number of civil and commercial disputes, playing an important role in serving economic development and opening up to the outside world.At the same time, with the development of China's socialist market economy and the expansion of opening up to the outside world, arbitration work is facing problems such as weak foreign-related systems and inadequate regulatory systems, and it is urgent to revise the Arbitration Law.The revised draft submitted for review at this Standing Committee meeting consists of 8 chapters and 91 articles, with the main modifications including：

note appendedJuly 31, 2024，premier of state councilLi QiangPreside over and convene the executive meeting of the State Council，The meeting discussed and passed the Arbitration Law of the People's Republic of China (Revised Draft) in principle, and decided to submit the draft to the Standing Committee of the National People's Congress for deliberation.The meeting pointed out that we should better play the role of arbitration in serving economic development and expanding openness, actively benchmark international advanced rules, continuously enhance the credibility and international influence of China's arbitration, and actively create a market-oriented, rule of law, and international first-class business environment.Compared to the 2021 draft of the Arbitration Law of the People's Republic of China, which was publicly solicited for opinions,The revised draft under review has reduced 8 articles and maintained the same number of chapters.

To implement the spirit of the "Several Opinions on Improving the Arbitration System and Enhancing the Credibility of Arbitration" (hereinafter referred to as the "Several Opinions") issued by the General Office of the Communist Party of China Central Committee and the General Office of the State Council，We will implement the legislative plan of the Standing Committee of the 13th National People's Congress and the 2021 legislative work plan of the State CouncilThe Ministry of Justice has organized the drafting of the "Arbitration Law of the People's Republic of China (Revised) (Draft for Comments)" (hereinafter referred to as the Draft for Comments). The relevant situation is now explained as follows:

1、 The necessity and drafting process of amending the law

Arbitration is an internationally recognized dispute resolution method,It is an important mechanism for diversified dispute resolution in ChinaEnsure the healthy development of socialist market economy，Plays an irreplaceable and important role in promoting international economic exchanges and other aspects。The Party Central Committee and the State Council attach great importance to arbitration work.The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposed to improve the arbitration system，Enhance the credibility of arbitration。Several Opinions require that research and revision be conductedarbitrationThe law.The revision of the Arbitration Law has been included in the legislative plan of the Standing Committee of the 13th National People's Congress and the 2021 legislative work plan of the State Council.

The payment has been revised。Over the past 26 years since the implementation of the Arbitration Law, more than 270 arbitration institutions have been established and established in accordance with the law nationwide，Handling over 4 million arbitration cases，The amount involved in the case is over 5 trillion yuan，The disputes resolved cover many fields of the economy and society，The parties involved involve over 100 countries and regions worldwide。Arbitration as a unique dispute resolution mechanism，To promote reform and opening up、economic development，Maintain social stability，Played a positive and important role。With the deepening development of the socialist market economy and the deepening of reforms，And further expansion of opening up to the outside world，arbitrationThe law also reveals problems that are not adapted to the development of the situation and the needs of arbitration practice。Mainly reflected in：

These issues have hindered the high-quality development of arbitration in China and the role of arbitration in enhancing national and social governance capabilities, and urgently need to be revised and improved.

Since the Standing Committee of the 13th National People's Congress incorporated the amendment of the Arbitration Law into its legislative plan, the Ministry of Justice has startedarbitrationThe revision of the law was carried out and deployed at the first National Arbitration Work Conference held in March 2019。In May 2019, the Ministry of Justice solicited topics and opinions on the revision of the Arbitration Law nationwide, and commissioned teaching and research institutions to conduct special research projects。In March 2020, a special research project was conducted on foreign-related arbitration issues.In September 2020, personnel from the theoretical and practical fields of arbitration were selected to form a working team, and a revised draft (discussion draft) was drafted and formed。In October 2020, the revised draft (discussion draft) was sent to relevant central units, provincial (regional, municipal) judicial departments (bureaus), and arbitration institutions for comprehensive solicitation of opinions.We have organized multiple expert discussion meetings with experts from scientific research, legislative, judicial, administrative agencies, and practical fields.Hold discussions with the NPC Supervision Committee, the NPC Social Committee, the NPC Standing Committee Law Working Committee, the Supreme People's Court, the Ministry of Commerce, the State General Administration of Sport, etc，Special symposiums were organized for intermediate, senior, and highest level court judges to attend, and discussions were held with representatives of chambers of commerce and private enterprises to listen to user opinions. Based on the comprehensive opinions of all parties, a draft for soliciting opinions is formed.

2、 The basic idea of amending the law

Persist withXi jinpingGuided by the Thought on Socialism with Chinese Characteristics for a New Era and guided by Xi Jinping Thought on the Rule of Law, we will comprehensively implement the decisions and deployments of the Party Central Committee and the State Council on arbitration work, adhere to the correct political direction,Respecting the laws of legislative work, combining practical needs, based on China's national conditions, drawing on useful international experience, and improving those with Chinese characteristics that are in line with international standardsarbitrationLegal system.

3、 The main content of the modification

The draft for soliciting opinions has a total of 99 articles, which is an increase compared to the current lawnineteenThe main content of the modification is as follows:

（1） Improve the general rules and regulations

One is to increase the legislative purpose，Reflecting the resolution of international economic and trade disputes through arbitration in China，A new positioning for maintaining the international economic order，Adapt to the new era of comprehensive opening-up to the outside world，New requirements for strengthening the construction of foreign-related rule of law. (Article 1)

The second is to increase“The court supports and supervises arbitration in accordance with the law。These two principles are consensus in relevant legislation and legal principles，After joining, the macro institutional framework of arbitration law will be further improved. (Article 4, Article 10)）

Thirdly, the provisions on the scope of application of arbitration have been deleted，Applicable to investment arbitration that has already emerged in practice in China、Provide basis for sports arbitration, etc,Leave space，To avoid creating obstacles to the legality of Chinese arbitration institutions accepting relevant disputes and international parties choosing to arbitrate in China，Enhance the international credibility and competitiveness of China's arbitration。on the other hand，According to the Legislation Law, the arbitration system should be governed byInclude negative provisions。meanwhile，To leave room for other laws to make special provisions on arbitration，Increased

（2） Improve the arbitration institution system

Firstly, according to the requirements of the "Several Opinions",Further adjust and standardize the establishment and registration management system of arbitration institutionsMainly includes:

meanwhile，Given that the 1996 State Council document has clearly stated that newly established arbitration institutions in China can accept foreign-related arbitration cases，Both foreign-related and domestic arbitration institutions are capable of handling foreign-related cases，Cancel domestic、The dual track system regulations for the establishment of foreign-related arbitration institutions，Delete special provisions for foreign-related arbitration institutions。Considering that the State Council's document has already allowed overseas arbitration institutions to operate in Beijing、Establishing business institutions in Shanghai and other places，And this open policy will gradually expand its development trend，Added registration and management regulations for overseas arbitration institutions to establish business units in China。According to the needs of supporting legal system after the amendment of the law，And the need for unified and standardized registration and management of domestic and foreign arbitration institutions，Authorize the State Council to formulate registration and management measures for arbitration institutions. (Article 12)

Secondly, in accordance with the provisions of the "Several Opinions",Clarify the legal nature of arbitration institutions as non-profit legal entities for public welfare purposes，And the arbitration committee is the main organizational form of the arbitration institution。Clarify that the arbitration institution has obtained legal personality through registration. (Article 13)

Thirdly, in accordance with the provisions of the 'Several Opinions'，Added provisions for arbitration institutions to establish corporate governance structures and information disclosure mechanisms。(Article 16, Article 17)）

（3） Improve the regulations for arbitrators and the China Arbitration Association

everythingImprove the relevant provisions for arbitrators，On the basis of retaining the existing positive requirements conditions，Add negative list regulations；Respect the parties' right to choose arbitrators，Clearly define the list of arbitrators as；Separate provisions have been made for arbitrators engaged in foreign-related arbitration。(Article 18, Article 89)

Secondly, it isImprove the disclosure and recusal system for arbitrators。The provision stipulates that arbitrators shall sign a declaration guaranteeing independent and impartial arbitration and serve it on the parties;Increase the disclosure obligation of arbitrators，And connect disclosure with avoidance system，Further standardize the behavior of arbitrators。Enhance the transparency of the avoidance system，Request the arbitration institution to provide reasons for the recusal decision；Increase integrity requirements，Reasonably restrict the exercise of recusal application by the parties involved。Protecting the legitimate rights of parties and arbitrators。(Article 52, Article 54, Article 55)

Three isImprove the regulations of the China Arbitration Association。Positioning the China Arbitration Association from”；The supervisory object of the association is the arbitration institution and its members、Except for arbitrators，Increased”，防止监督对象出现“盲区”；Given the large number of members,The articles of association will be。allowSocial organizations；And it also listed the responsibilities of the association in safeguarding the legitimate rights and interests of its members and providing services to them.(Article 19, Article 20)

（4） Improve the provisions of arbitration agreements

everythingEstablish an arbitration agreement effectiveness system centered on the expression of arbitration intention，Refer to international conventions，The deletion of arbitration clauses requires a clear agreement on the mandatory requirements of the arbitration institution。Absorbing judicial interpretations and practical experience,Provide guiding provisions for situations where there is no agreement or unclear agreement on the arbitration institution in the arbitration agreement，Ensure the smooth progress of arbitration. (Article 21, Article 35)

Secondly, it isBased on the goal of facilitating dispute resolution，Disputes over master-slave contractsIn special circumstances such as lawsuits filed by company representatives，Clearly stipulate the determination of the effectiveness of arbitration agreements。(Article 24, Article 25)）

Three isResolve the issue of the relationship between arbitrability and the possibility of litigation under other legal provisions, and clarify that as long as there are no prohibitive provisions for arbitration under other laws, the arbitration agreement entered into by the parties that complies with the provisions of this Law is valid(Article 26)

Four isIt has been stipulated，Aligning with international arbitration practices to increase China's friendliness and attractiveness towards arbitration(Article 27)

Five isAccording to the common practice of international commercial arbitration, clarify the autonomous review power of the arbitral tribunal on the validity and jurisdiction of the arbitration agreement(Article 28)

（5） Improve the norms of arbitration procedures

One is to add”、“Program autonomy“Combining arbitration and mediation”、“Waiver of objection rightandAt the same time, elevate the principle of arbitration confidentiality in current laws to a general provision for arbitration procedures. (Articles 29 to 34)

The second is to increase。To expedite the arbitration process，Improve the efficiency of dispute resolution，Reflecting the judicial support attitude towards arbitration，Enhance China's competitiveness as an arbitration venue，Integrate the original arbitration preservation content with other temporary measures in a centralized manner，Increase the system of behavior preservation and emergency arbitrator，Clarify that the arbitral tribunal has the authority to decide on interim measures，

And standardize the exercise of temporary measures uniformly. (Articles 43 to 49)

Three isArbitration can be conducted through online means，Written review can be conducted、Flexibly determine the method of cross examination，Add provisions on service of online information, provide legal basis for Internet arbitration, and support and standardize the development of Internet arbitration. (Article 30, Article 58, Article 63)

The fourth is to innovate and develop a Chinese characteristic system that combines arbitration and mediation, and increase

Five isAdded provisions for intermediate arbitrationAnd combined with some of the rulings, it is conducive to leveraging the characteristics of arbitration and promoting the rapid resolution of disputes. (Article 74)

（6） Improve the system of revoking awards and re arbitrating them

One is to unify the provisions for the court to revoke domestic and foreign-related arbitration awards; Integrate the provisions for revoking domestic and foreign arbitration awards，

Added revocation situations for fraudulent activities such as malicious collusion, forgery of evidence, and suspected false arbitration; Added partial revocation of the ruling(Article 77)

The second is to absorb judicial interpretations and practical experience, improve the re arbitration system in revocation, and respect the parties' willingness to choose arbitration as much as possible,Establish the principle that issues that can be remedied through re arbitration shall not be revoked(Article 80)

Thirdly, to highlight the efficiency principle of arbitration,Reduce the time for parties to apply for revocation from six months to three months based on the reference model law and international legislative examples(Article 78)

Fourthly, in order to improve the transparency of arbitration judicial supervision and the participation of parties, reference should be made to judicial practice where lower courts are elevated to higher-level courts

（7） Improve the system for enforcing judgments

Firstly, based on the principle of separation of trial and enforcement, in order to solve the problem of repeated review of arbitration awards and potential conflict of results caused by revocation procedures and non enforcement procedures, the revocation procedure is regarded as a general principle for judicial supervision of arbitration awards

The provision that the party concerned requests not to review the execution during the execution stage has been deleted, while granting the executing court the active right to review whether the ruling is in line with the public interest(Article 82)

Secondly, it isUnified the enforcement review standards for domestic and foreign-related cases by the enforcement courtArticle 82）

threeyesTwo paths for relief design for outsiders involved in the case：

Four isAbsorb the provisions of the Civil Procedure Law and relevant judicial interpretations, and add provisions for recognizing and enforcing foreign arbitration awards(Article 87)

（8） Improve the regulations on foreign-related arbitration and add a temporary arbitration system

everythingClarify the conditions for applying foreign-related arbitration regulations，Regulations have，But the specific content of foreign-related factors belongs to the content that should be stipulated by other laws,In the absence of relevant laws and regulations，In practice, judicial interpretations are specific and clear，Therefore, this law will no longer provide specific regulations.

(Article 88)

Secondly, it isAbsorbing the achievements of judicial interpretations and stipulating the legal application standards for determining the effectiveness of foreign-related arbitration agreements(Article 90)

Three isIncrease and standardize，It is widely present in the international community and recognized by laws and international conventions of various countries.Considering that China has joined the New York Convention and foreign temporary arbitration awards can be recognized and enforced in China, equal treatment should be given to domestic and foreign arbitration, which has increasedLimit the scope of application of temporary arbitration toIn order to strengthen the supervision of ad hoc arbitration, it is stipulated that if an arbitrator does not sign the award due to different opinions on the award, they must provide written opinions to the parties, and the award and its service record must be filed in the court. (Article 91, Article 92, Article 93)

（9） Other issues that need to be explained

Since 1994, witharbitrationThe relevant Civil Procedure Law has undergone several substantive revisions, objectively resulting in inconsistencies with the provisions of the Civil Procedure Law cited in arbitration and legal aid. To avoid such problems,Draft for Soliciting Opinions on Civil Procedure Law in Current Law。

Chapter 1 General Provisions

Article 1To ensure fairness、Timely arbitration of economic disputes，Protecting the legitimate rights and interests of the parties involved，To ensure the healthy development of the socialist market economy, promote international economic exchanges, and formulate this law.

Article 2Contract disputes and other property rights disputes between natural persons, legal persons, and other organizations may be arbitrated.

The following disputes cannot be arbitrated:

（1） Marriage, adoption, guardianship, support, inheritance disputes；

（2） Administrative disputes that are required by law to be handled by administrative agencies。

If there are special provisions in other laws, follow their provisions.

Article 3 The parties shall resolve disputes through arbitration voluntarily and reach an arbitration agreement。

Article 4Arbitration should be conducted in good faith and with honesty、Emphasize credit and keep promises.

Article 5The parties reach an arbitration agreement，One party filed a lawsuit against the people's court，The people's court does not accept the case，Except for cases where the arbitration agreement is invalid.

Article 6 The jurisdiction of arbitration shall be agreed upon by the parties through agreement，Not implementing hierarchical jurisdiction and territorial jurisdiction。

Article 7Arbitration should be based on facts，Comply with legal regulations，Refer to trading habits，

Resolve disputes fairly and reasonably.

Article 8 Arbitration shall be conducted independently in accordance with the law，Not subject to administrative authority、Intervention by social groups and individuals。

Article 9 Arbitration implements a system of one final decision。After the ruling is made，The parties shall not apply for arbitration or bring a lawsuit to the people's court regarding the same dispute.

The ruling has been revoked by the people's court in accordance with the law，The parties involved may apply for arbitration based on the arbitration agreement reached by both parties regarding the dispute，You can also file a lawsuit with the people's court。

Article 10 The people's court supports and supervises arbitration in accordance with the law。

Chapter 2: Arbitration Institutions, Arbitrators, and Arbitration Associations

Article 11Arbitration institutions can be established in municipalities directly under the central government and cities where provincial or autonomous region governments are located, as well as in other prefecture level cities as needed, without being established layer by layer according to administrative divisions。

The arbitration institution shall be established by the relevant departments and chambers of commerce organized by the people's government of the city specified in the preceding paragraph.

If there is a genuine need to establish an arbitration institution, it shall be established in accordance with the provisions of the preceding paragraph after approval by the judicial administrative department of the State Council。

Article 12 The establishment of arbitration institutions shall be registered with the judicial administrative departments of provinces, autonomous regions, and municipalities directly under the central government.

The arbitration institution established by the China International Chamber of Commerce shall be registered with the judicial administrative department of the State Council。

Foreign arbitration institutions establish business institutions and handle foreign-related matters within the territory of the People's Republic of ChinaarbitrationFor business, it shall be registered by the judicial administrative departments of provinces, autonomous regions, and municipalities directly under the central government and filed with the judicial administrative department of the State Council.

The registration and management measures for arbitration institutions shall be formulated by the State Council.

Article 13Arbitration institutions are established in accordance with this law，A non-profit legal entity providing public welfare services to resolve contract disputes and other property rights disputes，Including arbitration committees and other specialized organizations engaged in arbitration business.

The arbitration institution has obtained legal personality through registration.

Article 14 Arbitration institutions are independent of administrative agenciesHas no affiliation with administrative agencies。There is no affiliation between arbitration institutions。Article 15: Arbitration institutions shall meet the following conditions：

（1） Has its own name, address, and articles of association；

（2） Necessary assets；

（3） Necessary organizational structure;

（4） There are appointed arbitrators.

The articles of association of arbitration institutions shall be formulated in accordance with this Law.

Article 16Arbitration institutions shall formulate articles of association based on the principles of separation of decision-making power, execution power, and supervision power, effective checks and balances, and equal rights and responsibilities, and establish a non-profit corporate governance structure。

If the decision-making body of an arbitration institution is a committee, it shall be composed of one chairman, two to four vice chairmen, and seven to eleven members. The chairman, vice chairmen, and members shall be legal, economic, and trade experts, as well as personnel with practical work experience. Among them, legal, economic, and trade experts shall not be less than two-thirds.

The main responsible persons of the decision-making and executing institutions of the arbitration institution shall not serve as arbitrators of the institution during their tenure. Working civil servants are not allowed to concurrently serve as the main person in charge of the enforcement agency of an arbitration institution.

Arbitration institutions should establish a supervisory mechanism.

Arbitration institutions shall have regular term changes, with each term lasting five years.

Article 17 Arbitration institutions shall establish an information disclosure mechanism and promptly disclose their articles of association, registration and filing status, fee standards, annual work reports, financial and other information to the public。

Article 18 Arbitrators shall be appointed by fair and upright individuals who meet one of the following conditions:：

（1） Those who have obtained legal professional qualifications through the national unified legal professional qualification examination and have been engaged in arbitration work for at least eight years;

（2） Having worked as a lawyer for at least eight years;

（3） Having served as a judge for at least eight years;

（4） Engaged in legal research and teaching work with senior professional titles;

（5） Those who have legal knowledge, engage in professional work such as economic and trade, and hold senior professional titles or equivalent professional levels.

Under any of the following circumstances, one shall not serve as an arbitrator:

（1） Lacking or having limited capacity for civil conduct;

（2） Those who have received criminal punishment, except for those who have committed negligent crimes;

（3） According to the law, there are other circumstances where one cannot serve as an arbitrator.

Arbitration institutions shall establish a list of recommended arbitrators based on different professions.

Article 19 The China Arbitration Association is a self regulatory organization in the arbitration industry and a social legal entity.

The arbitration institution is a member of the China Arbitration Association. Teaching and research institutions and social organizations related to arbitration can apply to become members of the China Arbitration Association. The rights and obligations of members are stipulated in the association's articles of association.

The power structure of the China Arbitration Association is the National Congress of Members, and the association's articles of association are formulated by the National Congress of Members.

Article 20 The China Arbitration Association shall fulfill the following responsibilities：

（1） Supervise the disciplinary violations of arbitration institutions, arbitrators, and other arbitration practitioners in accordance with the articles of association;

（2） Develop model arbitration rules in accordance with this law for arbitration institutions and parties to choose from;

（3） To safeguard the legitimate rights and interests of members in accordance with the law and provide services to them;

（4） Coordinate with relevant departments and other industries to optimize the development environment of arbitration;

（5） Develop business standards for the arbitration industry and organize professional training for practitioners;

（6） Organize research on arbitration business, promote domestic and international business exchanges and cooperation;

（7） Other responsibilities stipulated in the association's articles of association.

Chapter 3 Arbitration Agreement

Article 21 

The arbitration agreement includes the arbitration clause established in the contract and other written agreements expressing the intention to request arbitration reached before or after the dispute arises.

If one party claims the existence of an arbitration agreement in arbitration and the other parties do not deny it, it shall be deemed that there is an arbitration agreement between the parties.

Article 22 If any of the following situations occur, the arbitration agreement shall be invalid：

（1） The agreed arbitration matters exceed the scope of arbitration prescribed by law;

（2） Arbitration agreements entered into by persons without or with limited capacity for civil conduct;

（3） One party adopts coercive measures to force the other party to enter intoarbitrationThe agreement.

Article 23

The arbitration agreement exists independently, and the amendment, termination, invalidity, revocation or termination of the contract does not affect the effectiveness of the arbitration agreement.

The arbitral tribunal has the authority to confirm the validity of the contract.

Article 24If the dispute involves a master contract and the arbitration agreement between the master contract and the slave contract is inconsistent, the provisions of the master contract shall prevail. If there is no arbitration agreement stipulated in the contract, the arbitration agreement of the main contract shall be valid for the parties to the sub contract。

Article 25 If a shareholder of a company or a limited partner of a partnership enterprise, in accordance with legal provisions, claims rights on behalf of the company or partnership enterprise against the other party in their own name, the arbitration agreement signed between the company or partnership enterprise and the other party shall be valid for them.

Article 26If the law stipulates that the parties may bring a civil lawsuit to the people's court, but it is not clear that arbitration is not possible, the arbitration agreement entered into by the parties that complies with the provisions of this law shall be valid.

Article 27 

The parties may agree on the place of arbitration in the arbitration agreement.If there is no agreement or unclear agreement on the place of arbitration between the parties, the place of arbitration shall be the location of the arbitration institution that manages the case.

The arbitration award shall be deemed to have been made at the place of arbitration.

The determination of the place of arbitration does not affect the parties or the arbitral tribunal's agreement or choice to conduct arbitration activities such as deliberation and hearing at a suitable location different from the place of arbitration based on the circumstances of the case.

Article 28 

If the parties have objections to the validity or effectiveness of the arbitration agreement or the jurisdiction of the arbitration case, they shall raise them within the defense period stipulated in the arbitration rules, and the arbitration tribunal shall make a decision.

Before the formation of the arbitration tribunal, the arbitration institution may decide whether to continue the arbitration proceedings based on surface evidence.

If a party directly raises an objection to the people's court without going through the procedures stipulated in the preceding paragraph, the people's court shall not accept it.

If the parties have objections to the validity of the arbitration agreement or the jurisdiction decision, they shall, within ten days from the date of receiving the decision, submit it to the intermediate people's court of the place of arbitration for review.

If the parties are dissatisfied with the ruling that the arbitration agreement is invalid or the arbitration case has no jurisdiction, they may apply for reconsideration to the higher-level people's court within ten days from the date of service of the ruling. The people's court shall make a ruling within one month from the date of accepting the application for reconsideration. The review by the people's court does not affect the progress of the arbitration procedure.

Chapter 4 Arbitration Procedure

Section 1 General Provisions

Article 29 Arbitration should treat the parties equally, and the parties have the right to fully express their opinions。

Article 30

The parties may agree on arbitration procedures or applicable arbitration rules, except for those that violate mandatory provisions of this Law.

If the parties have not agreed or the agreement is unclear, the arbitral tribunal may arbitrate in a manner it deems appropriate, except for cases that violate mandatory provisions of this Law.

The arbitration procedure can be conducted through online means.

Arbitration procedures should avoid unnecessary delays and expenses。

Article 31 Arbitration shall not be conducted in public. If the parties agree to make it public, it can be made public, except for those involving state secrets.

Article 32 The parties involved arearbitrationDisputes can be resolved through mediation in the program.

Article 33 If one party knows or should know that the provisions of the arbitration procedure or arbitration agreement have not been complied with, but still participates in or continues the arbitration procedure without timely raising a written objection, it shall be deemed that it waives its right to raise an objection.

Article 34 

The arbitration documents shall be delivered to the parties in a reasonable and good faith manner.

If the parties agree on the method of delivery, their agreement shall prevail.

If there is no agreement between the parties, delivery can be made in person, by registered mail, express delivery, fax, or by means that can be recorded in information systems such as email and instant messaging tools. The arbitration documents shall be delivered to the parties in the manner specified in the preceding paragraph, or to their place of business, registration, domicile, habitual residence or mailing address, and shall be deemed as delivered.

If any of the above-mentioned locations cannot be found after reasonable inquiry, the arbitration documents shall be deemed delivered to the last known place of business, registration, residence, habitual residence or mailing address of the parties by other means that can provide delivery records.

Section 2 Application and Acceptance

Article 35The parties applying for arbitration shall meet the following conditions：

（1） There is an arbitration agreement;

（2） There are specific arbitration requests, facts, and reasons;

（3） Belonging to the scope of arbitration stipulated in this law.

The parties shall apply for arbitration to the arbitration institution specified in the arbitration agreement.

If the arbitration agreement does not specify the arbitration institution, but the applicable arbitration rules can determine the arbitration institution, the arbitration institution shall accept it; If there is no agreement on the arbitration rules, the parties may supplement the agreement; If a supplementary agreement cannot be reached, it shall be accepted by the arbitration institution that first filed the case.

If the arbitration agreement does not specify an arbitration institution and the parties cannot reach a supplementary agreement, they may initiate arbitration with the arbitration institution located in the joint domicile of the parties; If the parties do not have a common place of residence, the arbitration institution of the third place outside the parties' place of residence that first filed the case shall accept the case.

The arbitration procedure shall commence from the date of submission of the arbitration application to the arbitration institution.

Article 36

The parties applying for arbitration shall submit the arbitration agreement to the arbitration institutionarbitrationApplication form and attachments.

Article 37 The arbitration application shall specify the following matters:

（1） The names, genders, ages, occupations, workplaces, and residences of the parties involved, as well as the names and residences of legal persons or other organizations, and the names and positions of their legal representatives or main responsible persons;

（2） Arbitration request and the facts and reasons on which it is based;

（3） Evidence and sources of evidence, witness names and addresses.

Article 38 Within five days from the date of receiving the arbitration application, if the arbitration institution considers that it meets the acceptance criteria, it shall accept it and notify the parties; If it is deemed that the acceptance criteria are not met, the party concerned shall be notified in writing of the rejection and the reasons shall be explained。

Article 39 

After accepting the arbitration application, the arbitration institution shall deliver the arbitration rules and the list of arbitrators to the applicant within the time limit prescribed by the arbitration rules, and deliver the arbitration application and its attachments, as well as the arbitration rules and the list of arbitrators to the respondent.

After receiving the arbitration application, the respondent shall submit a statement of defense to the arbitration institution within the time limit prescribed by the arbitration rules. After receiving the defense letter, the arbitration institution shall deliver the defense letter and its attachments to the applicant within the time limit specified in the arbitration rules. If the respondent fails to submit a statement of defense, it shall not affect the progress of the arbitration proceedings.

Article 40If the parties reach an arbitration agreement and one party files a lawsuit with the people's court without declaring the existence of an arbitration agreement, and the people's court accepts the lawsuit, but the other party submits the arbitration agreement before the first hearing, the people's court shall reject the lawsuit, except for cases where the arbitration agreement is invalid; If the other party does not raise any objection to the acceptance of the case by the people's court before the first hearing, it shall be deemed as a waiver of the arbitration agreement, and the people's court shall continue to hear the case.

Article 41 The applicant may waive or modify the arbitration request. The respondent may acknowledge or refute the arbitration request and has the right to make a counterclaim.

Article 42 Parties and legal representatives may entrust lawyers and other agents to conduct arbitration activities. If entrusting lawyers and other agents to conduct arbitration activities, a power of attorney shall be submitted to the arbitration institution。

Section 3 Temporary Measures

Article 43 Before or during the arbitration proceedings, the parties may request the people's court orarbitrationThe court shall take temporary and urgent measures related to the disputed subject matter. Temporary measures include property preservation, evidence preservation, behavior preservation, and other short-term measures deemed necessary by the arbitral tribunal.

Article 44 If one party, due to the actions of other parties or other reasons, may render the award unenforceable, difficult to enforce, or cause other damages to the parties, they may apply for property preservation and behavior preservation.

Article 45In cases where evidence may be lost or difficult to obtain in the future, the parties may apply for evidence preservation。

Article 46

If the parties apply for preservation measures before initiating arbitration, they shall directly submit them to the people's court in accordance with relevant laws and regulations.

If a party applies for preservation measures after initiating arbitration, it may directly submit it to the people's court of the location of the property being preserved, the location of the evidence, the location of the performance of the act, the location of the respondent, or the location of the arbitration; You can also submit it to the arbitration tribunal。

Article 47

If a party applies for preservation measures to the people's court, the court shall promptly take preservation measures in accordance with relevant laws and regulations.

If the parties apply for preservation measures to the arbitral tribunal, the arbitral tribunal shall make a timely decision and require the parties to provide guarantees. After the preservation decision is submitted to the competent people's court by the parties or arbitration institution, the people's court shall promptly execute it in accordance with relevant laws and regulations.

If a party causes damage due to an incorrect application, they shall compensate other parties for the losses suffered as a result.

Article 48 

If the parties apply for other temporary measures, the arbitral tribunal shall comprehensively judge the necessity and feasibility of taking temporary measures and make a timely decision.

After the temporary measures stipulated in the preceding paragraph are taken, if the arbitral tribunal deems it necessary upon application by one party, it may decide to modify, suspend or terminate the temporary measures.

If the temporary measures require assistance from the people's court, the parties may apply to the people's court for assistance in enforcement. If the people's court deems it possible to assist, enforcement shall be carried out in accordance with relevant laws and regulations.

Article 49 

If temporary measures need to be enforced outside the territory of the People's Republic of China, the parties may directly apply for enforcement to a foreign court with jurisdiction.

Before the formation of the arbitration tribunal, if the parties need to appoint an emergency arbitrator to take interim measures, they may apply to the arbitration institution for the appointment of an emergency arbitrator in accordance with the arbitration rules. The power of the emergency arbitrator is reserved until the composition of the arbitral tribunal.

Section 4 Composition of the Arbitration Tribunal

Article 50: The arbitral tribunal may be composed of three arbitrators or one arbitrator. Composed of three arbitrators, a chief arbitrator shall be appointed. The parties may choose arbitrators from the list of recommended arbitrators or from outside the list. The arbitrators selected by the parties outside the roster shall meet the conditions stipulated in this Law.

If the parties agree on the conditions for arbitrators, their agreement shall prevail; Except for situations where the agreement between the parties cannot be fulfilled or where there are circumstances stipulated in this Law that prohibit the appointment of an arbitrator.

Article 51 

If the parties agree to form an arbitration tribunal consisting of three arbitrators, each party shall select one arbitrator. If no arbitrator is selected, the arbitration institution shall appoint one arbitrator; The third arbitrator shall be jointly selected by the parties;If the parties are unable to jointly select, the two arbitrators who have already been selected or appointed shall jointly selectIf two arbitrators cannot be jointly selectedarbitrationInstitution designated. The third arbitrator is the chief arbitrator.

If the parties agree to establish an arbitration tribunal with one arbitrator, it shall be jointly selected by the parties; If the parties cannot jointly select, the arbitration institution shall designate it.

Article 52

After the formation of the arbitration tribunal, the arbitrators shall sign a declaration guaranteeing independent and impartial arbitration, and the arbitration institution shall serve the composition of the arbitration tribunal and the declaration on the parties.

If the arbitrator is aware of any circumstances that may cause the parties to have reasonable doubts about their independence and impartiality, they shall disclose them in writing.

After receiving the disclosure from the arbitrator, if the parties apply for the arbitrator's recusal on the grounds of the disclosed matters, they shall submit a written request within ten days. If there is no application for recusal within the deadline, the arbitrator shall not be recused on the grounds of matters previously disclosed by the arbitrator.

Article 53 

If an arbitrator falls under any of the following circumstances, they must recuse themselves, and the parties have the right to apply for recusal:

（1） They are close relatives of the parties or their representatives in this case;

（2） Has an interest in this case;

（3） Having other relationships with the parties or agents involved in this case that may affect the impartiality of the arbitration;

（4） Meeting with parties or agents without authorization, or accepting invitations and gifts from parties or agents.

Article 54

When a party applies for recusal, they shall explain the reasons and submit it before the first court hearing. If the reason for recusal is known after the first court hearing or in a case heard in writing, the parties shall raise it within ten days from the date of learning of the reason for recusal.

The parties have chosenarbitrationIf an employee requests to recuse themselves, they can only do so based on reasons that were only known after their selection.

Article 55 

Whether the arbitrator recuses or not shall be decided by the arbitration institution; The decision to recuse should provide reasons.

Before the decision to recuse is made, the arbitrator who is requested to recuse may continue to participate in the arbitration proceedings.

Article 56 

If an arbitrator is unable to perform their duties due to recusal or other reasons, they shall be re selected or appointed in accordance with the provisions of this Law.

After the selection or appointment of a new arbitrator due to recusal, the parties may request the arbitration proceedings that have already been conducted to be re conducted. Whether to allow it or not shall be decided by the arbitral tribunal; The arbitral tribunal may also decide on its own whether to reopen the arbitration proceedings that have already been conducted.

Article 57 If an arbitrator falls under the circumstances specified in Article 53 (4) of this Law, and the circumstances are serious, or falls under the circumstances specified in Article 77 (6) of this Law, they shall bear legal responsibility in accordance with the law, and the arbitration institution shall expel them.

Section 5 Trial and Adjudication

Article 58 Arbitration shall be conducted in court. If the parties agree not to hold a hearing, the arbitral tribunal may hear and make an award in writing based on the arbitration application, defense, and other materials.

Article 59 

The arbitration institution shall notify both parties of the date of the hearing within the time limit specified in the arbitration rules. If the parties have legitimate reasons, they may request an extension of the hearing within the time limit specified in the arbitration rules. Whether to postpone or not shall be decided by the arbitral tribunal.

Article 60

If the applicant fails to appear in court without justifiable reasons or withdraws midway without the permission of the arbitration tribunal after being notified in writing, the arbitration application may be deemed withdrawn.

If the respondent, upon written notice, fails to appear in court without justifiable reasons or withdraws midway without the permission of the arbitral tribunal, the award may be made in absentia.

Article 61

The parties involved should provide evidence to support their claims.

The arbitral tribunal may collect evidence that it deems necessary, and may request assistance from the people's court if necessary.

Article 62 

If the arbitral tribunal deems it necessary to appraise a specialized issue, it may entrust it to the appraisal department agreed upon by the parties or to the appraisal department designated by the arbitral tribunal.

At the request of the parties or the arbitration tribunal, the appraisal department shall send appraisers to attend the hearing. The parties involvedarbitrationPermission to ask questions to the appraiser.

Article 63 

Evidence should be promptly delivered to the parties and the arbitral tribunal.

The parties may agree on the method of cross examination, or cross examine in a manner deemed appropriate by the arbitral tribunal.

The arbitral tribunal has the right to make judgments on the validity and probative value of evidence, and to reasonably allocate the burden of proof in accordance with the law.

Article 64 The parties have the right to argue during the arbitration process. At the end of the debate, the presiding arbitrator or sole arbitrator shall seek the final opinion of the parties.

Article 65

The arbitral tribunal shall record the hearing in writing. If the parties or other arbitration participants believe that there are omissions or errors in the record of their statements, they have the right to apply for correction. If no correction is made, the application should be recorded.

The transcript shall be signed or stamped by the arbitrator, recorder, parties, and other arbitration participants.

Article 66 After applying for arbitration, the parties may reach a settlement on their own. If a settlement agreement is reached, the arbitration tribunal may be requested to make an award based on the settlement agreement, or the arbitration application may be withdrawn.

Article 67 If the parties reach a settlement agreement and withdraw the arbitration application, they may apply for arbitration according to the arbitration agreement.

Article 68

The arbitral tribunal may mediate before making an award. If the parties voluntarily mediate,arbitrationThe court should mediate. If mediation fails, a timely ruling should be made.

If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation agreement or an award based on the outcome of the agreement. The mediation agreement and the arbitration award have equal legal effect.

Article 69

If the parties reach a mediation agreement before the formation of the arbitration tribunal, they may request the formation of an arbitration tribunal, which shall prepare a mediation agreement or award based on the content of the mediation agreement; The arbitration application can also be withdrawn.

If the parties voluntarily choose a mediator outside the arbitration tribunal for mediation after its formation, the arbitration proceedings shall be suspendedIf the parties reach a mediation agreement, they may request the resumption of the arbitration procedure, and the original arbitration tribunal shall prepare a mediation agreement or award based on the content of the mediation agreement; The arbitration application can also be withdrawn. If a mediation agreement cannot be reached, the arbitration procedure shall continue at the request of the parties.

Article 70 If the parties apply to the arbitration institution for arbitration confirmation of the mediation agreement based on the arbitration agreement, the arbitration institution shall form an arbitration tribunal. After legal review, the arbitration tribunal may make a mediation agreement or award based on the content of the mediation agreement.

Article 71

The mediation agreement shall specify the arbitration request and the result of the parties' agreement. The mediation agreement shall be signed by the arbitrator, stamped with the seal of the arbitration institution, and delivered to both parties.

The mediation agreement shall become legally effective upon receipt by both parties.

If the parties retract their agreement before the mediation agreement is received, the arbitral tribunal shall make an award in a timely manner.

Article 72 The award shall be made in accordance with the opinion of the majority of arbitrators, and the dissenting opinions of a minority of arbitrators may be recorded in the transcript. When the arbitral tribunal cannot form a majority opinion, the award shall be made in accordance with the principle of the presiding judgearbitrationThe opinions of the staff are made.

Article 73

The arbitration award shall specify the arbitration request, disputed facts, reasons for the award, award results, place of arbitration, burden of arbitration fees, and date of the award. If the parties agree not to specify the facts of the dispute and the reasons for the ruling, it may be omitted. The award shall be signed by the arbitrator and stamped with the seal of the arbitration institution. Arbitrators who hold different opinions on the award may sign or not sign.

Article 74

When the arbitration tribunal arbitrates a dispute, if some of the facts are already clear, a partial award can be made on that part first.

When the arbitration tribunal arbitrates a dispute, if there are disputed matters that affect the progress of the arbitration procedure or need to be clarified before the final award is made, an intermediate award may be made on the issue first. If there are performance contents in partial and intermediate rulings, the parties shall perform them.

If a party fails to comply with a partial award, the other party may apply to the people's court for compulsory enforcement in accordance with the law.

The performance of partial or intermediate awards does not affect the progress of the arbitration proceedings and the final decision.

Article 75

The arbitral tribunal shall rectify any textual or computational errors in the award, or any matters that have already been ruled upon by the arbitral tribunal but have been omitted from the award; The parties may request the arbitral tribunal to make corrections within 30 days from the date of receipt of the award.

If the content of the arbitration award applied for enforcement is unclear, resulting in the inability to enforce, the people's court shall notify the arbitration tribunal in writing, and the arbitration tribunal may make corrections or explanations. The interpretation of the arbitral tribunal does not constitute a part of the award.

Article 76The ruling shall take legal effect from the date of its issuance.

Chapter 5 Application for Revocation of Award

Article 77 

If the parties provide evidence to prove that the award falls under any of the following circumstances, they may submit it toarbitrationIntermediate People's Court of the land applies for revocation of the ruling:

（1） There is no arbitration agreement or the arbitration agreement is invalid;

（2） The matters to be arbitrated do not fall within the scope of the arbitration agreement or exceed the scope of arbitration stipulated in this Law;

（3） The respondent has not received notification of the appointment of an arbitrator or the commencement of arbitration proceedings, or has failed to state its opinion for reasons not attributable to the respondent;

（4） The composition of the arbitration tribunal or the arbitration procedure violates legal procedures or the agreement of the parties, resulting in serious damage to the rights of the parties;

（5） Judgments obtained through fraudulent activities such as malicious collusion and forgery of evidence;

（6） The arbitrator engaged in bribery and corruption, favoritism and fraud, and perverted the law in the arbitration of the case.

If the people's court forms a collegial panel to review and verify that the ruling falls under any of the circumstances specified in the preceding paragraph, it shall rule to revoke it.

If the parties' application for revocation only involves partial arbitration matters, the people's court may partially revoke it. If the arbitration matters are inseparable, they shall be revoked by a ruling.

If the people's court determines that the ruling violates the public interest, it shall rule to revoke it.

Article 78 If the parties apply to revoke the award, they shall submit it within three months from the date of receiving the award.

Article 79 The people's court shall make a ruling to revoke the award or reject the application within two months from the date of accepting the application for revocation of the award.

Article 80 If the people's court accepts the application for revocation of the award and considers that it can be re arbitrated by the arbitration tribunal, it shall notify the arbitration tribunal to re arbitrate within a certain period of timearbitrationAnd rule to suspend the revocation procedure.

If the arbitration tribunal starts a new arbitration within the time limit designated by the people's court, the people's court shall rule to terminate the revocation procedure; If re arbitration has not yet begun, the people's court shall rule to restore the revocation procedure. If the parties apply to revoke the award, the people's court may notify the arbitration tribunal to re arbitrate if the following circumstances are met after examination:

（1） The evidence on which the ruling is based is false due to objective reasons;

（2） If there are situations as stipulated in Article 77 (3) and (4) of this Law that can be remedied through re arbitration.

The people's court shall specify the specific reasons for requesting re arbitration in the notice.

The people's court may limit the trial period in the notice of re arbitration based on the circumstances of the case.

Re arbitration shall be conducted by the original arbitration tribunal. If the parties apply for revocation on the grounds of the composition of the arbitration tribunal or the misconduct of the arbitrators, a new arbitration tribunal shall be formed for arbitration.

Article 81

If the parties are dissatisfied with the ruling to revoke the award, they may apply for reconsideration to the higher-level people's court within ten days from the date of receiving the ruling. The people's court shall make a ruling within one month from the date of accepting the application for reconsideration.

Chapter 6 Execution

Article 82 

The parties shall comply with the award. If one party fails to perform, the other party may apply for enforcement to the intermediate people's court with jurisdiction.

If the people's court determines through examination that the execution of the award does not violate the public interest, it shall rule to confirm the execution; Otherwise, the ruling will not be confirmed for execution.

The ruling shall be delivered to the parties and the arbitration institution.

If the ruling is not confirmed for enforcement by the people's court, the parties may apply for a new arbitration agreement based on the disputearbitrationYou can also file a lawsuit with the people's court.

Article 83 

If one party applies for enforcement of the award and the other party applies for revocation of the award, the people's court shall rule to suspend enforcement.

If the people's court rules to revoke the award, it shall rule to terminate the execution. If the application for revocation of the ruling is rejected by the ruling, the people's court shall rule to restore the execution.

Article 84

If a third party raises a written objection to the subject matter of the judgment during the execution process, the people's court shall review it within 15 days from the date of receiving the written objection. If the reasons are valid, the court shall rule to suspend the execution of the subject matter; If the reason is not valid, the ruling shall be rejected.

The third party shall raise the claim within 30 days from the date of knowing or should have known that the people's court has taken enforcement measures against the subject matter, and before the enforcement of the subject matter related to the claimed legitimate rights and interests has been terminated.

Article 85 

If a third party has evidence to prove that part or all of the content of the ruling is incorrect and damages their civil rights and interests, they may file a lawsuit against the parties in accordance with the law.

If a third party sues and provides effective guarantees, the execution of the ruling shall be suspended. The restoration or termination of the execution of the ruling shall be determined by the people's court based on the results of the litigation.

Article 86If a legally effective arbitration award is requested for enforcement by a party, and the person subject to enforcement or their property is not within the territory of the People's Republic of China, the party shall directly apply to a foreign court with jurisdiction for recognition and enforcement.

Article 87

If an arbitration award made outside the territory of the People's Republic of China requires recognition and enforcement by a people's court, the parties shall directly apply to the intermediate people's court at the domicile or property location of the person subject to enforcement.

If the debtor or their property is not within the territory of the People's Republic of China, but their case is related to the case being tried by the people's court, the parties may apply to the people's court that accepts the related case.

If the debtor or their property is not within the territory of the People's Republic of China, but their case is related to an arbitration case within the territory of China, the parties may apply to the intermediate people's court at the location of the arbitration institution or the arbitration venue.

People's courts shall handle matters in accordance with international treaties concluded or acceded to by the People's Republic of China, or based on the principle of reciprocity.

Chapter 7 Special Provisions on Foreign related Arbitration

Article 88 Disputes involving foreign factorsarbitrationThe provisions of this chapter shall apply. If there are no provisions in this chapter, other relevant provisions of this law shall apply.

Article 89Arbitrators engaged in foreign-related arbitration can be appointed by professionals from both China and abroad who are familiar with specialized knowledge in foreign-related laws, arbitration, economic and trade, science and technology, etc.

Article 90 

The determination of the effectiveness of foreign-related arbitration agreements shall be governed by the law agreed upon by the parties; If the parties have not agreed on the applicable law for the foreign-related arbitration agreement, the law of the place of arbitration shall apply; If there is no agreement or unclear agreement on the applicable law and the place of arbitration, the people's court may apply the laws of the People's Republic of China to determine the validity of the arbitration agreement.

Article 91 

The parties involved in commercial disputes with foreign-related factors may agree on an arbitration institutionarbitrationAlternatively, it can be directly agreed to be arbitrated by a specialized arbitration tribunal.

The arbitration procedure of a specialized arbitration tribunal shall commence from the date on which the respondent receives the arbitration application.

If the parties have not agreed on the place of arbitration or the agreement is unclear, the arbitral tribunal shall determine the place of arbitration based on the circumstances of the case.

Article 92

For cases arbitrated by a specialized arbitration tribunal, if the tribunal cannot be formed in a timely manner or if it is necessary to decide on recusal matters, the parties may agree to entrust an arbitration institution to assist in forming the tribunal and deciding on recusal matters. If the parties cannot reach a commission agreement, the intermediate people's court designated by the arbitration venue, the location of the parties, or the place where the dispute is closely related shall assist in determining the arbitration institution.

When designating an arbitration institution and selecting arbitrators, consideration should be given to the conditions agreed upon by the parties, as well as factors such as the nationality and place of arbitration that ensure the independence, impartiality, and efficiency of the arbitration process.

The designated ruling made by the people's court is final.

Article 93 

ad hoc arbitrationarbitrationThe arbitration award shall come into effect upon the signature of the arbitrator in the case.

Arbitrators who hold different opinions on the award may not sign the award; But a written dissenting opinion with my signature should be provided and delivered to the parties involved. Different opinions do not constitute a part of the ruling.

The arbitral tribunal shall serve the award on the parties and submit the record of service and the original award to the intermediate people's court in the place of arbitration for filing within 30 days from the date of service.

Chapter 8 Supplementary Provisions

Article 94 

If the law has provisions on the statute of limitations for arbitration, such provisions shall apply. If the law does not provide for a statute of limitations for arbitration, the provisions on statute of limitations for litigation shall apply.

Article 95 Arbitration rules shall be formulated in accordance with this Law.

Article 96 

The parties shall pay the arbitration fees in accordance with the regulations.

The method for collecting arbitration fees shall be formulated by the competent pricing department of the State Council in conjunction with the judicial administrative department of the State Council.

Article 97 The arbitration of labor disputes and agricultural contract disputes within agricultural collective economic organizations shall be separately stipulated.

Article 98 Relevant regulations formulated before the implementation of this lawarbitrationIf there is a conflict between the provisions of this law and the provisions of this law, this law shall prevail.

Article 99 This law shall come into effect on [date].