Beijing Arbitration (Issue 52)

Author: Beijing Arbitration Commission
Publisher:
Publish Date: 2005-03-01
Features: Preface: 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 is undeniable that the current arbitration system still has a significant gap from people's expectations and 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 modification of the Civil Procedure Law and Arbitration Law being included in the legislative agenda of the 10th National People's Congress, discussions on the revision of the Arbitration Law have been heating up. This issue's thematic discussion also focuses on this topic, presenting three articles with distinct analytical emphases from the theoretical and practical fields to the readers. The editorial team sincerely hopes that readers interested in this issue can continue to participate in the discussion, creating a positive grassroots atmosphere for the revision of the Arbitration Law.
From Idea to Rule: Several Issues to Note in the Revision of the Arbitration Law [Content Abstract] When revising China's Arbitration Law of 1994, seven key issues should be addressed: shifting the support for arbitration from an idea to a rule, avoiding blind comparisons with litigation, which contradicts the spirit of arbitration; the Arbitration Law should implicitly contain two sets of procedures based on the principle of party autonomy; high attention should be paid to the issue of arbitrators; promoting further international recognition of China's Arbitration Law; the revision of the Arbitration Law should be data-driven; and arbitration reform should prioritize the convenience of parties. On this basis, the revision of the Arbitration Law should be accelerated.