A Comparison between the PRC Arbitration Law (Revised) (Draft for Comments) and the Current PRC Arbitration Law

• Author: Xiaofei Mao
• Position: Associate Professor
• Pages: 184-224

A Comparison between the PRC Arbitration Law

(Revised) (Draft for Comments) and the Current

PRC Arbitration Law

Xiaofei Mao1

The current Arbitration Law of the People’s Republic of China

(hereinafter referred to as the Arbitration Law) in 1995 has provided a solid

institutional foundation for China’s commercial arbitration to break away

from the administrative arbitration under the planned economic system and

gradually develop into a modern commercial arbitration system based on

the fundamental principle of party autonomy. However, there is a gap

between China’s Arbitration Law and the international arbitration legal

regime. On September 7, 2018, the Standing Committee of the 13th

National People’s Congress included the amendment of the Arbitration Law

in the second-class legislative plan with the purpose of modernizing

China’s Arbitration Law. On July 30, 2021, the Ministry of Justice of the

People’s Republic of China issued the first version of the Arbitration Law

(Revised) (Draft for Public Comments), which made major amendments to

the Arbitration Law. The comparison is made between the Arbitration Law

and the Arbitration Law (Revised) so that the deleted, added, and modified

contents can be observed.

The English version of the current Arbitration Law is based on the

English version provided by Mr. CAO Lijun (Senior Partner of Zhong Lun

Law Firm) with a few modifications. I am very grateful for the great

contributions made by the experts in proofreading the translation work (in

the order of the initials of their surnames):

Ms. HUANG Zhijin (Director of Arbitration and Alternative Dispute

Resolution of the North Asia Region and Chief Representative of the

Shanghai Office, International Chamber of Commerce),

Mr. LIAN Jie (Senior Counsel of Zhonglun W&D Law Firm),

Prof. LU Song (China Foreign Affairs University),

Ms. SUN Jiajia (Partner of Beijing W & H Law Firm ),

Ms. WANG Fang (Associate Professor of China University of Political

Science and Law),

Mr. XU Jie (Chief of the Case Managing Team II, Beijing Arbitration

Commission/Beijing International Arbitration Center),

Mr. ZHANG Yulin Jerry (Director of Beijing Linli Law Office), and

Mr. ZHANG Cunyuan (Chief Representative of Singapore

International Arbitration Center in China).

1Xiaofei Mao, Associate Professor, Arbitrator, Head of Research Department for Laws of Nations of

the Institute of International Law at the Chinese Academy of Social Sciences. She is also the Standing

member of China Academy of Arbitration Law (CAAL).

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Arbitration Law of the People’s Republic of China (2017 E dition)

Arbitration Law of the People’s Republicof China

(Draftfor Comments)

Adopted at the 9th Session of the Standing Committee of the 8th

National People’s Congress on 31 August 1994; amended for the first

time in accordance with the Decision of the Standing Committee of the

National People's Congress on Amending Certain Laws at the 10th

Session of the Standing Committee of the 11th National People's

Congress on 27 August 2009; and amended for the second time in

accordance with the Decision of the Standing Committee of the

National People's Congress on Amending Eight Laws Including the

Judges Law of the People's Republic of China at the 29th Session of the

Standing Committee of the 12th National People's Congress on 1

September 2017.

Chapter I General Provisions

Chapter I General Provisions

Article 1 This Law is formulated in order to ensure the impartial and

prompt arbitration of economic disputes, to protect the legitimate

rights and interests of the parties, and to guarantee the healthy

development of the socialist market economy.

Article 1 This Law is formulated in order to ensure the impartial

and prompt arbitration of economic disputes, to protect the

legitimate rights and interests of the parties, and to guarantee the

healthy development of the socialist market economy, and t o

promote international economic interaction.

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Article 2 Contractual disputes and other disputes arising from

property rights and interests between citizens, legal persons and

other organizations of equal status in law may be arbitrated.

Article 2 Contractual disputes and other disputes arising from

property rights and interests between citizens natural persons, legal

persons and other organizations of equal status may be arbitrated.

Article 3 The following disputes shall not be submitted to arbitration:

(1) disputes over marriage, adoption, guardianship, dependents’

maintenance, and inheritance; and

(2) administrative disputes falling within the jurisdiction of the

relevant administrative authorities according to the law as provided

by the law.

Where there are special provisions in other laws, such special

provisions shall prevail.

Article 3 The following disputes shall not be submitted to

arbitration:

(1) disputes over marriage, adoption, guardianship, dependents’

maintenance, and inheritance; and

(2) administrative disputes falling within the jurisdiction of the

relevant administrative authorities according to the law.

Article 4 The parties’ submission to arbitration to resolve their

disputes shall be on the basis of both parties’ free will and the

arbitration agreement concluded between them.

If a party applies for arbitration in the absence of arbitration

agreement, the arbitration commission shall not accept the case.

Article 34The parties’ submission to arbitration to resolve their

disputes shall be on the basis of both parties’ free will and the

arbitration agreement concluded between them.

If a party applies for arbitration in the absence of arbitration

agreement, the arbitration commission shall not accept the case.

Article 4 Arbitration shall be conducted under the principle of good

faith, credibility, and promise-keeping.

Article 5 If the parties have concluded an arbitration agreement, and

one party institutes an action before a people’s court, the people’s

court shall not accept the case, unless the arbitration agreement is

null and void.

Article 5 If the parties have concluded an arbitration agreement, and

one party institutes an action before a people’s court, the people’s

court shall not accept the case, unless the arbitration agreement is

null and void.

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