CHINA Law and Practice Contributed by: Qingyou Wang, Yichen Lu, Chao Tang and Yuhe Gu, Anli Partners
13.2 Subject Matters Not Referred to Arbitration The following disputes may not be arbitrated in China： • marital, adoption, guardianship, support, and suc- cession disputes; and • administrative disputes that shall be handled by administrative agencies in accordance with the law. 13.3 Circumstances to Challenge an Arbitral Award • There is no arbitration agreement. • The matters being arbitrated exceed the scope of the arbitration agreement or the authority of the arbitration agency. • The formation of the arbitration tribunal or the arbitration procedure is not in conformity with the statutory procedure. • The evidence on which the award is based is forged. • The other party has withheld the evidence which is sufficient to affect the impartiality of the arbitration. • An arbitrator demands or accepts a bribe, prac- tices favouritism, commits falsification, or renders an award by bending the law in the arbitration in the case. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration China is a member of the New York Convention. Therefore, foreign arbitrations can be enforced in China. Once the court makes a verdict to enforce an arbitration award, the enforcement is the same as a domestic judgment. To enforce an arbitration award, the applicant shall first submit a written application stating their requests. Also, the applicant shall submit the original copy of the arbitration award. One thing to note is that if the arbi- tration award is not issued by an Chinese arbitration institution, an Apostille is required by the court. After reviewing the materials submitted by the applicant, the court will decide whether to enforce the award. If the court issues a verdict, the award can be enforced; enforcement is the same as a domestic judgment. If the court believes there are legitimate reasons that the award should not be enforced, the court must report to the court of a higher level in its jurisdiction; for a
The most popular ADR are commercial arbitrations and employment arbitrations. 12.2 ADR Within the Legal System Both the Civil Procedure Law and the Arbitration Law provide basic arbitration rules for commercial arbitra- tion. On 12 September 2025, China’s national legis- lature promulgated the new Arbitration Law, seen as another signal that China aims to promote ADR. ADR is not a compulsory procedure in China’s civil procedure. Only Employment Law provides that employment arbitration should be a prerequisite to filing an employment lawsuit. There is no sanction for refusing ADR. However, as caseloads grew rapidly, some courts conduct informal mediation before formally hearing the case to close it as quickly as possible, which, to some extent, is regarded as “half-compulsory” by some litigation participants. 12.3 ADR Institutions Nationally renowned arbitration institutions provide good arbitration services, such as CIETAC, Beijing Arbitration Commission, SHIAC, Shanghai Arbitration Commission. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration China Arbitration Law and Civil Procedure Law • Provisions of the Supreme People’s Court on Sev- eral Issues Concerning the Trial of Judicial Review of Arbitration Cases. • Relevant Provisions of the Supreme People’s Court on Issues concerning Applications for Verification of Arbitration Cases under Judicial Review. • Interpretation by the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China. • Interpretation of the Supreme People’s Court con- cerning Some Issues on Application of the Arbitra- tion Law of the People’s Republic of China.
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