CHINA Law and Practice Contributed by: Paul Zhou and Leslie Shen, SGLA Law Firm
2025 Arbitration Law expressly recognises electronic communications and digital evidence as valid forms of evidence. The tribunal may also appoint independ - ent expert witnesses to assist in the determination of
not be conducted in public, unless the parties agree to public proceedings and the matter does not involve state secrets, trade secrets or personal privacy. This default confidentiality aligns with international com - mercial arbitration practice. However, certain institu - tional rules (eg, the Rules of the Singapore Interna - tional Arbitration Centre (SIAC)) provide for greater transparency in certain circumstances, such as the publication of anonymised awards. Parties desiring maximum confidentiality should specify in the arbitra - tion agreement that the proceedings and the award shall be kept confidential, and that the tribunal shall not publish the award or any procedural orders. Arbitration proceedings and arbitral awards are con - fidential in China. The 2025 Arbitration Law codifies the confidentiality obligation, providing that: (i) oral arbitration hearings are not open to the public; (ii) the parties, the arbitrators and the institution’s per - sonnel must keep confidential all information relat - ing to the arbitration, including the evidence, witness statements and the text of the award; and (iii) arbitral awards are not to be published without the express consent of all parties. Confidentiality is a key com - parative advantage of arbitration over litigation and is strictly enforced by Chinese arbitral institutions. 9. Confidentiality 9.1 Extent of Confidentiality The 2025 Arbitration Law specifies the following exceptions to the confidentiality obligation: (i) dis - closure required by law (for example, to the people’s court in setting-aside or enforcement proceedings); (ii) disclosure to professional advisers (legal counsel, expert witnesses); and (iii) disclosure for the purpose of enforcing or challenging an arbitral award. Institu - tional rules (for example, CIETAC Rules, Article 38) provide more detailed confidentiality provisions. The 2025 Arbitration Law also provides that the tribunal may, on its own initiative or upon application by a par - ty, order the confidentiality of trade secrets and other sensitive commercial information even in the absence of a party request, thereby protecting confidential commercial information throughout the proceedings and thereafter.
technical or specialised matters. 8.3 Powers of Compulsion
Under Article 55 of the 2025 Arbitration Law, the tribu - nal may, where it deems it necessary, collect evidence on its own initiative and request the relevant authori - ties to provide assistance in accordance with the law; the provision does not empower the court to order document production at the tribunal’s request. Failure to comply with a tribunal-ordered document produc - tion under applicable institutional rules may result in the tribunal drawing adverse inferences (that is, the tribunal may draw such factual inferences as are unfa - vourable to the non-complying party). Compulsory evidentiary powers in Chinese arbitration therefore remain limited and largely dependent on institutional rules and voluntary compliance. Several jurisdictions have introduced local measures to strengthen evidentiary powers. The Regulations on Optimizing the Business Environment of Shanghai (2023) provide a basis for courts to issue investigation orders. On 19 June 2025, the Guangdong High Peo - ple’s Court issued similar Measures for Issuing Investi - gation Orders to Assist Arbitral Institutions in Evidence Collection. While not yet uniform nationwide, these measures represent an important trend. Witness Testimony Witnesses may provide written witness statements or testify orally at an oral hearing. The tribunal may, with court assistance, compel a witness’s attendance if the witness fails to appear voluntarily. The 2025 Arbitration Law provides that witnesses who give false testimony before the tribunal or the court may be subject to court sanctions, including fines or administrative detention. These measures are intended to enhance the reliability and integrity of witness evidence in arbitration. Confidentiality Confidentiality in arbitration proceedings in China is governed by a combination of statutory provisions and institutional rules. Article 52 of the 2025 Arbitra - tion Law provides that arbitration proceedings shall
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