In preparation for the newly revised Arbitration Law of the People's Republic of China, which is scheduled to officially come into effect in March 2026, and to help all lawyers in our firm accurately grasp the legislative spirit and practical key points, our firm held a specialized training session on the afternoon of December 26th with the theme "Interpretation of the Core Content of the New Arbitration Law." The training was led by Lawyer Ma Xiaomin, Deputy Director of our firm and General Head of the Bankruptcy Liquidation Practice Group.
Lawyer Ma first emphasized the significant importance of this revision of the Arbitration Law, pointing out that its changes in aligning with international common rules, improving arbitration procedures, and strengthening judicial support will profoundly impact lawyers' future arbitration practice and strategic choices. Subsequently, combining detailed comparisons of legal provisions and practical cases, Lawyer Ma systematically outlined and focused on interpreting the six core highlights of this revision:
Refined Rules on Validity of Arbitration Agreements
The law now explicitly recognizes that arbitration agreements may be formed implicitly (if recorded by the tribunal upon prompting) and reinforces the doctrine of separability. The validity of an arbitration clause is not affected even if the underlying contract is not concluded, has not yet taken effect, or is subsequently rescinded.Shortened Time Limit for Setting Aside an Award
The period for applying to set aside an arbitration award has been reduced from six months to three months. This change aims to encourage timely exercise of remedial rights, accelerate dispute resolution, and promote stability in commercial relations.Establishment of the ‘Seat of Arbitration’ as a Core Concept
In line with international commercial arbitration practice, the “seat of arbitration” – rather than the location of the arbitral institution – is now the decisive connecting factor for determining the procedural law governing the arbitration, the nationality of the award, and the competent court for judicial review. The sequence for determining the seat follows a tiered approach: party agreement → provisions in the arbitral rules → determination by the arbitral tribunal.
Broadened Scope of Foreign‑Related Arbitration
The application of foreign‑related arbitration has been expanded from the original three categories of disputes to include “foreign‑related economic, trade, transport and maritime disputes, as well as other foreign‑related disputes,” allowing room for future types of cross‑border disputes.Introduction of Ad Hoc Arbitration for Specified Areas
For the first time under Chinese law, parties involved in “foreign‑related maritime disputes” or certain foreign‑related disputes between enterprises in designated zones may opt for ad hoc arbitration, independent of any permanent arbitral institution. This enhances the flexibility and professionalism of arbitration, subject to supervisory requirements such as registration of the tribunal.Strengthened Judicial Support for and Supervision of Arbitration
The law explicitly extends preservation measures to include conduct preservation, introduces provisions on pre‑arbitration preservation, and requires people’s courts to handle applications for preservation and evidence collection promptly and in accordance with the law. These changes reinforce the tribunal’s ability to obtain judicial assistance and ensure the efficient conduct of arbitral proceedings.
The training was substantive, well‑focused and offered in‑depth analysis. Drawing on his solid theoretical knowledge and extensive practical experience, Lawyer Ma translated abstract legal provisions into clear, actionable guidance. The interactive session was particularly lively, with attending lawyers actively discussing potential challenges and opportunities arising from the new law based on their own case experience. It was widely acknowledged that this training has laid a solid theoretical foundation for handling arbitration matters more effectively and safeguarding clients’ legitimate rights and interests in the future.
