Arbitration Law of the People's Republic of China (2025 Revision)
Order
of the President of the People's Republic of China
(No. 54)
The Arbitration Law of the People's Republic of China, revised and adopted at
the 17th Session of the Standing Committee of the Fourteenth National People's
Congress of the People's Republic of China on September 12, 2025, is hereby
issued with effect from March 1, 2026.
Xi Jinping, President of the People's Republic of China
September 12, 2025
Arbitration Law of the People's Republic of China
(Adopted at the 9th Session of the Standing Committee of the Eighth National
People's Congress on August 31, 1994; amended for the first time according to
the Decision on Amending Certain Laws adopted at the 10th Session of the
Standing Committee of the Eleventh National People's Congress on August 27,
2009; amended for the second time in accordance with the Decision on Amending
Eight Laws Including the Judges Law of the People's Republic of China at the
29th Session of the Twelfth National People's Congress on September 1, 2017;
revised at the 17th Session of the Standing Committee of the Fourteenth
National People's Congress on September 12, 2025)
Contents
Chapter I General Provisions
Chapter II Arbitration Institutions, Arbitrators and Arbitration Associations
Chapter III Arbitration Agreement
Chapter IV Arbitration Proceedings
Section 1 Application and Acceptance
Section 2 Formation of Arbitration Tribunal
Section 3 Hearing and Award
Chapter V Application for Setting Aside Arbitration Award
Chapter VI Enforcement
Chapter VII Special Provisions for Arbitration Involving Foreign Elements
Chapter VIII Supplementary 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 safeguard the
sound development of the socialist market economy.
Article 2 The development of
arbitration shall implement the guidelines, principles, policies, decisions,
and deployments of the Communist Party of China and the state, serve the
country's high-quality development and high-level opening-up, create a
market-oriented and international business environment under the rule of law,
and play a role in resolving economic disputes.
Article 3 Contractual disputes and
other disputes over rights and interests in property between natural persons,
legal persons, and unincorporated organizations that are equal subjects may be
arbitrated.
The following disputes may not be arbitrated:
(1) marital, adoption, guardianship, support and succession disputes;
(2) administrative disputes that shall be handled by administrative organs as
prescribed by law.
Article 4 The parties' choice of
arbitration to resolve their dispute shall be on the basis of free will and an
arbitration agreement reached between them. If a party applies for arbitration
in the absence of an arbitration agreement, the arbitration institution shall
not accept the case.
Article 5 If the parties have
concluded an arbitration agreement and one party institutes an action in a people's
court, the people's court shall not accept the case, unless the arbitration
agreement is null and void or otherwise provided by laws and regulations.
Article 6 The arbitration
institution shall be selected by the parties through agreement.
In arbitration, there shall be no jurisdiction by level and no territorial
jurisdiction.
Article 7 In arbitration, disputes
shall be resolved on the basis of facts, in compliance with the law and in an
equitable and reasonable manner.
Article 8 Arbitration shall follow
the principle of good faith.
Article 9 Arbitration shall be
carried out independently according to law and shall be free from interference
of administrative organs, social organizations or individuals.
Article 10 A system of a single and
final award shall be practiced for arbitration. If a party applies for
arbitration to an arbitration institution or institutes an action in a people's
court regarding the same dispute after an arbitration award has been made, the
arbitration institution or the people's court shall not accept the case.
If an arbitration award is set aside or its enforcement is disallowed by the
people's court in accordance with the law, a party may apply for arbitration on
the basis of a new arbitration agreement reached between the parties, or
institute an action in the people's court, regarding the same dispute.
Article 11 Arbitration activities may
be conducted online on an information network, except where the parties
expressly disagree.
Arbitration activities conducted online on an information network have the same
legal effect as offline arbitration activities.
Article 12 The state supports
arbitration institutions in strengthening exchanges and cooperation with
overseas arbitration institutions and relevant international organizations and
actively participating in the formulation of international arbitration rules.
Chapter II Arbitration Institutions, Arbitrators
and Arbitration Associations
Article 13 Arbitration institutions
may be established in municipalities directly under the Central Government and
in cities that are the seats of the people's governments of provinces or
autonomous regions. They may also be established in other cities divided into
districts, according to need. Arbitration institutions shall not be established
at each level of the administrative divisions.
People's governments of the cities referred to in the preceding paragraph shall
arrange for the relevant departments and chambers of commerce to organize
arbitration institutions in a unified manner, which are public welfare,
non-profit legal persons.
Article 14 An arbitration institution
established in accordance with Article 13 of this Law shall be registered with
the administrative department of justice of the relevant province, autonomous
region or municipality directly under the Central Government.
The arbitration institution organized and established by the China Chamber of
International Commerce with the approval of the State Council shall be reported
for recordation to the administrative department of justice of the State
Council.
The specific measures for the registration and administration of arbitration
institutions shall be formulated by the State Council.
Article 15 An arbitration institution
shall meet the conditions set forth below:
(1) To have its own name, domicile and charter;
(2) To have the necessary property;
(3) To have members as required by this Law.
(4) To have appointed arbitrators.
The charter of an arbitration institution shall be formulated in accordance
with this Law.
Article 16 If an arbitration
institution changes its name, address, charter, legal representative, or
members, it shall submit an application for a change in accordance with the
law.
Article 17 Where an arbitration
institution terminates, its registration shall be canceled in accordance with
the law.
Article 18 An arbitration institution
shall be composed of one chairman, two to four vice chairmen and seven to
eleven members.
The members of an arbitration institution shall be experts in the field of law,
economy and trade, and science and technology and persons with practical
working experience. Experts in the field of law, economy and trade, and science
and technology shall account for at least two thirds of the people forming an
arbitration institution.
The term of office of each member of the arbitration institution is five years.
When the term of office expires, a new term shall be held in accordance with
the law, and no less than one-third of the members shall be replaced.
Article 19 An arbitration institution
shall establish and improve its internal governance structure in accordance
with laws, regulations and its charter, and specify its responsibilities,
powers and procedures in terms of decision-making, execution and supervision.
The arbitration institution shall establish and improve systems for democratic
deliberation, personnel management, fee and financial management, document
management, and complaint handling.
The arbitration institution shall strengthen supervision over its members,
staff and arbitrators, and promptly investigate and deal with their illegal
actions and disciplinary violations in arbitration activities in accordance
with the law; if it is necessary to pursue legal liability, the illegal actions
and disciplinary violations shall be promptly transferred to the relevant
authorities for handling.
Article 20 An arbitration institution
shall establish a system for open access to information, so as to promptly make
such information as its charter, registration, recordation, rules of
arbitration, register of arbitrators, service procedures, fee rates, annual
business reports and budget and financial reports available to the public and
voluntarily accept public supervision.
Article 21 An arbitrators appointed
by an arbitration institution shall be fair and upright, possess good
professional qualities, be diligent and responsible, be honest and clean, and
abide by professional ethics.
Article 22 An arbitrator shall meet
one of the conditions set forth below:
(1) He or she has passed the national uniform legal profession qualification
examination and obtained the legal profession qualification, and conducted the
arbitration work for eight years or more;
(2) To have practiced as a lawyer for not less than eight years;
(3) He or she has served as a judge or public procurator for eight years or
more;
(4) To have been engaged in legal research or legal education, possessing a
senior professional title; or
(5) To have acquired the knowledge of law, to have engaged in the professional
work in the field of law, economy and trade, maritime affairs, science and
technology, etc., and to possess a senior professional title or having an
equivalent professional level.
If the Oversight Officials Law of the People's Republic of China, the Judges
Law of the People's Republic of China, the Public Procurators Law of the
People's Republic of China, or any other law provides that a relevant public
official may not concurrently serve as an arbitrator, such law shall apply; if
any other public official concurrently serves as an arbitrator, he or she shall
comply with the relevant provisions.
An arbitration institution may appoint arbitrators from among overseas
personnel with special knowledge in the fields of law, economy and trade,
maritime affairs, science and technology, etc.
Article 23 An arbitration institution
shall have a register of arbitrators in different specializations.
If an arbitrator is expelled from public service, has his or her lawyer's
practicing license or senior professional title revoked, or otherwise no longer
meets the conditions for serving as an arbitrator, the arbitration institution
shall expel him or her.
Article 24 Arbitration institutions
shall be independent from administrative organs and there shall be no
subordinate relationships between arbitration institutions and administrative
organs.
There shall also be no subordinate relationships between arbitration
institutions.
Article 25 China Arbitration
Association is a social organization with the status of a legal person.
Arbitration institutions are members of China Arbitration Association. The
charter of China Arbitration Association shall be formulated by its national
congress of members.
China Arbitration Association is a self-regulatory organization of arbitration
institutions and, in accordance with its charter, supervises arbitration
institutions and their members, staff and arbitrators in arbitration
activities.
China Arbitration Association shall formulate model rules of arbitration in
accordance with this Law and the relevant provisions of the Civil Procedure Law
of the People's Republic of China.
Article 26 The administrative
department of justice of the State Council shall guide and supervise nationwide
arbitration in accordance with the law, improve relevant work systems, and
coordinate the planning of the development of arbitration.
The justice departments of the people's governments of provinces, autonomous
regions and municipalities directly under the Central Government shall guide
and supervise arbitration within their administrative areas in accordance with
the law.
Chapter III Arbitration Agreement
Article 27 An arbitration agreement
shall include arbitration clauses stipulated in the contract and agreements of
submission to arbitration that are concluded in other written forms before or
after disputes arise.
An arbitration agreement shall contain the following particulars:
(1) an expression of intention to apply for arbitration;
(2) matters for arbitration; and
(3) a designated arbitration institution.
If a party claims that an arbitration agreement exists when applying for
arbitration, and the other party does not deny the claim before the first
hearing, the arbitration tribunal shall offer hints, keep records, and deem
that an arbitration agreement exits between the parties.
Article 28 An arbitration agreement
shall be null and void under one of the following circumstances:
(1) The agreed matters for arbitration exceed the range of arbitrable matters
as specified by law;
(2) One party that concluded the arbitration agreement has no capacity for civil
conducts or has limited capacity for civil conducts; or
(3) One party coerced the other party into concluding the arbitration
agreement.
Article 29 If an arbitration
agreement contains no or unclear provisions concerning the matters for
arbitration or the arbitration institution, the parties may reach a
supplementary agreement. If no such supplementary agreement can be reached, the
arbitration agree......