MOJ Seeks Public Comments on Revising the Arbitration Law
Recently, the Ministry of Justice ("MOJ") drafted the Arbitration Law of the People's Republic of China (Revision) (Draft for Comment) (the "Draft for Comment") for public comments by August 29, 2021.
The Draft for Comment introduces the amendments to improve the institutional rules in the General Provisions, the arbitration institution system, regulations on arbitrators and China Arbitration Association, provisions concerning arbitration agreements, the arbitration procedure specification, the system of revocation of arbitral awards and rendering a new award, the system of enforcement of arbitral awards, regulations on foreign-related arbitration and the ad hoc arbitration system that is newly introduced, and other issues that need to be clarified. Among them, with regard to the arbitration procedure specification, the Draft for Comment has made amendments in five aspects, including "adding five general provisions on due process and procedural autonomy, among others, and elevating the principle of arbitration confidentiality to general provisions on arbitration procedures".
(Source: Ministry of Justice)