CHINA Law and Practice Contributed by: Peibing Qi, Na Gao and Shanshan Heng, Fangda Partners
3.7 Regulation of Arbitration The principal laws and judicial interpretations govern- ing judicial supervision of arbitration include: • Arbitration Law of the People’s Republic of China (2025 Revision); • Civil Procedure Law of the People’s Republic of China (2023 Amendment); • Interpretations on Several Issues Concerning the Application of the Arbitration Law of the People’s Republic of China (Interpretation No 7 [2006] of the Supreme People’s Court); • Interpretations of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China (Interpretation No 11 [2022] of the Supreme People’s Court); • Provisions of the Supreme People’s Court on Several Issues Concerning the Judicial Review of Arbitration Cases (Interpretation No 22 [2017] of the Supreme People’s Court); • Provisions of the Supreme People’s Court on Sev- eral Issues Concerning the Enforcement of Arbitral Awards by People’s Courts (Interpretation No 5 [2018] of the Supreme People’s Court);and • Provisions of the Supreme People’s Court on the Reporting and Review System for Judicial Review of Arbitration Cases (Interpretation No 21 [2021] of the Supreme People’s Court). 3.8 Court Powers PRC courts possess the powers to support arbitration in the following principal respects. • Granting interim measures or enforcing arbitral tribunal decisions on interim measure – prior to or during arbitral proceedings, courts may, upon applications forwarded by arbitral institutions, order the adoption of property preservation, evidence preservation and conduct preservation measures. In addition to accepting interim measure applica- tions submitted by parties through arbitral institu- tions, courts may also affirm and enforce interim measure decisions rendered by arbitral tribunals. • Assisting in investigation and evidence collection – courts may assist in investigation and evidence collection upon application by arbitral tribunals. In December 2023, a Primary People’s Court in Shanghai handled the first case nationwide in
aggregate value of disputes accepted, four arbitral institutions rank at the forefront. • China International Economic and Trade Arbitration Commission (CIETAC) – has its headquarters in Beijing, as well as sub-commissions and arbitra- tion centres established in Shenzhen, Shanghai, Chongqing, Hong Kong, Hangzhou and other locations. CIETAC leads the nation in the aggregate value of disputes accepted. • Beijing Arbitration Commission/Beijing International Arbitration Center (BAC) – based in Beijing, the BAC accepted over 10,000 cases in 2025. • Shanghai International Economic and Trade Arbi- tration Commission (SHIAC) – based in Shanghai, SHIAC serves as a prominent arbitration institution in the Yangtze River Delta region. • Shenzhen Court of International Arbitration (SCIA) – based in Shenzhen, SCIA ranks among the national leaders in terms of caseload volume. The duration of arbitral proceedings depends on fac- tors including the applicable procedural rules, the type and complexity of the dispute and the timing of the arbitration institution’s acceptance of the case. According to the arbitration rules of mainstream arbi- tral institutions, ordinary proceedings in domestic arbitration cases can generally be concluded within four-to-six months following the constitution of the arbitral tribunal, while expedited proceedings may be shortened to within two-to-three months following tri- bunal constitution. Duration of Foreign-Related Arbitration Proceedings The overall process for foreign-related arbitration cas- es is typically longer, as such matters may involve the ascertainment of foreign law, cross-border evidence 3.6 Length of Proceedings Duration of Arbitral Proceedings
collection and other circumstances. Extension of Arbitration Proceedings
In practice, arbitral institutions may, depending on the circumstances of the case, extend the time limit for rendering the award by one month to several months.
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