TSINGHUA CHINA LAW REVIEW
China's Draft Amended Arbitration Law: Does It Go Far Enough?
Created on：2023-05-09 21:09
PV：1995
Abstract:
Since China’s Arbitration Law was adopted in 1994, China’s arbitration law framework has been undergoing continuous reform. While the law itself has only been changed on two occasions, continuous reform has been taking place through a long list of Judicial Interpretations and other legal instruments, and recently in some widely publicized court judgments. Despite efforts to reform from the judiciary and practitioners, the Arbitration Law was outdated in a number of ways which held back the development of arbitration, and which frequently led to debates on the shortcomings of arbitration in China. In 2021, the Ministry of Justice finally published a draft with proposed amendments to the Arbitration Law. This Note analyzes the Ministry of Justice’s Proposed Draft from several angles. After detailing the historical and political context in which the current arbitration law reform is taking place, this Note provides a comprehensive analysis on the most pressing amendments proposed by the Ministry of Justice. While many of the changes are seen as welcome by the arbitration community, the Note also argues that, in some ways, the Proposed Draft does not go far enough to make China’s Arbitration Law sufficiently modern to fit the ambitions of an international arbitration hub.
