China

The legal framework for arbitration

General Information

  • UNCITRAL Model-Law based: No

  • Legal Provisions: Arbitration Law of the People’s Republic of China 1994, as amended in 2009 and 2017. 

Arbitral Institutions

  • China International Economic and Trade Arbitration Commission (CIETAC)

  • China Maritime Arbitration Commission (CMAC)

  • Beijing Arbitration Commission (BAC)

  • Shanghai International Economic and Trade Arbitration Commission (SHIAC)

  • Shenzhen Court of International Arbitration (SCIA)

Multilateral Conventions

  • New York Convention: Yes (accession: 22 January 1987; reservations:

(1) The People's Republic of China will apply the Convention only on the basis of reciprocity, to the recognition and enforcement of arbitral awards made in the territory of another Contracting State;

(2) The People's Republic of China will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the People's Republic of China.

  • ICSID Convention: Yes (ratification/accsession:7 January 1993; entry into force: 6 February 1993).

  • Energy Charter Treaty: No

 

Last updated February 2019