BIZCHINA / Company laws
Arbitration Law of the People's Republic of China
Updated: 2006-04-17 10:13
(Adopted at the 8th Session of the Standing Committee of the 8th National
People's Congress and romulgated on August 31, 1994)
Chapter I General Provisions
Article 1
This Law is formulated in order to ensure that economic disputes shall be
impartially and promptly arbitrated, to protect the legitimate rights and
interests of the relevant parties and to guarantee the healthy
development of the socialist market economy.
Article 2
Disputes over contracts and disputes over property rights and interests
between citizens, legal persons and other organizations as equal subjects
of law may be submitted to arbitration.
Article 3
The following disputes shall not be submitted to arbitration:
1. disputes over marriage, adoption, guardianship, child maintenance and
inheritance; and
2. administrative disputes falling within the jurisdiction of the
relevant administrative organs according to law.
Article 4
The parties adopting arbitration for dispute settlement shall reach an
arbitration agreement on a mutually voluntary basis. An arbitration
commission shall not accept an application for arbitration submitted by
one of the parties in the absence of an arbitration agreement.
Article 5
A people's court shall not accept an action initiated by one of the
parties if the parties have concluded an arbitration agreement, unless
the arbitration agreement is invalid.
Article 6
An arbitration commission shall be selected by the parties by agreement.
The jurisdiction by level system and the district jurisdiction system
shall not apply in arbitration.
Article 7
Disputes shall be fairly and reasonably settled by arbitration on the
basis of facts and in accordance with the relevant provisions of law.
Article 8
Arbitration shall be conducted in accordance with the law, independent of
any intervention by administrative organs, social organizations or
individuals.
Article 9
The single ruling system shall be applied in arbitration. The arbitration
commission shall not accept any application for arbitration, nor shall a
people's court accept any action submitted by the party in respect of the
same dispute after an arbitration award has already been given in
relation to that matter.
If the arbitration award is canceled or its enforcement has been
disallowed by a people's court in accordance with the law, the parties
may, in accordance with a new arbitration agreement between them in
respect of the dispute, re-apply for arbitration or initiate legal
proceedings with the people's court.
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