Beijing Arbitration. Issue 52

Author: Beijing Arbitration Commission (Host)
Publisher:
Publish Date: 2004-09-01
Features:
Editor's Note: The promulgation of the Arbitration Law of 1994 marked the formal beginning of the modernization process of China's arbitration system. After ten years of development, the use of arbitration to resolve commercial disputes has gained increasing recognition from commercial entities. However, it cannot be denied that there is still a significant gap between the current arbitration system and people's expectations as well as international commercial arbitration practices. The reasons for this lie in the inherent shortcomings of the current Arbitration Law and some problems that have emerged during its development. With the amendment of the Civil Procedure Law and the Arbitration Law being included in the legislative agenda of the 10th National People's Congress, discussions on the revision of the Arbitration Law have grown increasingly heated. The theme of this issue's symposium also revolves around this topic, featuring three articles with distinct analytical focuses from both academia and practice for the readers. The editorial team sincerely hopes that readers interested in this issue can continue to participate in the discussion, creating a favorable grassroots atmosphere for the revision of the Arbitration Law.
From Idea to Rule: Several Key Issues to Address in the Revision of the Arbitration Law [Content Abstract] When revising China's Arbitration Law of 1994, seven key issues should be taken into consideration: shifting the support for arbitration from an idea to a rule, avoiding blind comparisons with litigation to uphold the spirit of arbitration, recognizing that the Arbitration Law, based on the principle of party autonomy, should imply two sets of procedures, giving high importance to the issue of arbitrators, promoting further international recognition of China's Arbitration Law, emphasizing empirical evidence in the revision of the Arbitration Law, and ensuring that arbitration reform starts with the convenience of the parties. On this basis, the revision of the Arbitration Law should be accelerated.