Arbitration Law - General Provisions

(The following clauses are selected from China Arbitration Law and Its Interpretations authored by Robert Zhang and Steve Li, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited.)

The Arbitration Law of the People's Republic of China

(Adopted at the 9th Session of the 8th National People's Congress Standing Committee (NPCSC) on August 31, 1994, the First Amendment made in accordance with the Decision on Amending Several Laws and adopted at the 10th Session of the 11th NPCSC on August 27, 2009, and the Second Amendment made in accordance with the Decision on Amending the Judges Law of the People's Republic of China (PRC) and Other Seven Laws and adopted at the 29th Session of the 12th NPCSC on September 1, 2017)

Chapter I General Provisions

Article 1 This Law is enacted in order to ensure impartial and timely arbitration of economic disputes, protect the legitimate rights and interests of the parties to arbitration, and ensure the healthy development of the socialist market economy.

Article 2 Disputes arising out of or in connection with contracts or over property rights or interests between individuals, legal entities, and/or other organizations of equal legal status may be referred to arbitration.

Article 3 Any of the following disputes may not be referred to arbitration:

(1) disputes over marriage, adoption, guardianship, child maintenance, or inheritance; and

(2) administrative disputes which shall be subject to the jurisdiction of competent administrative authorities according to law.

Article 4 The parties who intend to settle their disputes by arbitration shall reach an arbitration agreement of their free will. Where either party files a request for arbitration in the absence of an arbitration agreement, the arbitration commission shall reject the request.

Article 5 Where either party files a lawsuit after an arbitration agreement has been reached, the people's court shall not admit the case unless the arbitration agreement is invalid.

Article 6 The arbitration commission shall be agreed upon by the disputing parties.

Arbitration shall not be subject to hierarchical or territorial jurisdiction.

Article 7 Arbitration shall serve the purpose of settling disputes in impartial and reasonable manners based on facts and according to law.

Article 8 Arbitration shall be conducted independently according to law without being interfered by any administrative authority, social entity, or individual.

Article 9 An arbitration award shall be final. Where a party files a request for arbitration or a lawsuit after an award has been made for the same dispute, the arbitration commission or people's court shall reject the case.

Where an award is vacated or a petition for enforcement of an award is rejected by a people's court according to law, either of the disputing parties may file a request for arbitration if a new arbitration agreement is reached or file a lawsuit with a people's court of competent jurisdiction.