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On January 1, 2024, China International Economic and Trade Arbitration Commission’s (CIETAC) newly amended arbitration rules (the 2024 Rules) have taken effect. As compared with the previous version which had been implemented for more than 8 years (the 2015 Rules), the 2024 Rules have introduced a significant number of new rules. These revisions reflect the development of China’s arbitration practice in the past years, and feature CIEAC’s efforts in aligning with the international standards. 1.…

A. LEGISLATION AND RULES A.1       Legislation A.1.1    Proposed Amendment to PRC Arbitration Law On 30 July 2021, China’s Ministry of Justice published the proposed amendments to the current PRC Arbitration Law for public consultation. The draft amendment represents a major overhaul of the current arbitration regime that was introduced 26 years ago, with the primary aims of bringing the PRC arbitration law more into line with international best practices and making China a more attractive…

CHINA Simon Hui and Hailin Cui A. LEGISLATION AND RULES A.1       Legislation A.1.1    Opening to foreign arbitration institution On 28 August 2020, the State Council issued the “Plan for Deepening the Comprehensive Pilot Program of a New Round of Expanding Opening-up of the Service Sector in Beijing Municipality and Building a National Comprehensive Demonstration Zone for Expanding Opening-up of the Service Sector”. The plan, among others, allows well-known overseas arbitration institutions to set up a…

CHINA Hailin Cui A. LEGISLATION AND RULES A.1 Legislation Lingang Area of the Shanghai Pilot Free Trade Zone opens up to foreign arbitration institution On 8 November 2019, the Shanghai Bureau of Justice released the Administrative Measures for Business Offices Established by Overseas Arbitration Institutions in the Lin-gang Special Area (Lin-gang FTZ) of the Shanghai Pilot Free Trade Zone (Administrative Measures), which came into force on 1 January 2020. The Administrative Measures sets out specific…