TSINGHUA CHINA LAW REVIEW
Integration into Arbitral Legal Order: The Achievements and Prospects of the 2025 PRC Arbitration Law
Created on:2026-02-07 23:07 PV:97
By Arvin LUO Fuzhong |18 Tsinghua China L. Rev. (2025) |   |   Download Full Article PDF

Abstract: 2025 PRC Arbitration Law has explored its role in integrating China’s arbitration regime into Arbitral Legal Order. While the 1994 PRC Arbitration Law transformed “ZhongCai” from administrative adjudication to modern arbitration, its state-centric nature conflicted with global norms, triggering disputes over ad hoc arbitration, competence-competence, and interim measures during revisions. As a milestone reform, the 2025 PRC Arbitration Law introduces the arbitral seat system and ad hoc arbitration in the legal text for the first time, limits foreign-related award-setting-aside to procedural issues, and partly recognizes the doctrine of competence-competence. Nevertheless, controversies surrounding the negative effect of the competence-competence principle and tribunal-issued interim measures merit further deliberation. Moving forward, reforms should focus on strengthening tribunal authority, with the new law laying a solid foundation for deeper transnational integration.