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Arbitration Knowledge

Arbitration Law of the People's Republic of China
(Adopted at the Ninth Meeting of the Standing Committee of the Eighth National People's Congress on August 31, 1994, promulgated by Order No.31 of the President of the People's Republic of China on August 31, 1994, and effective as of September 1, 1995)


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Chapter II
Arbitration Commissions and the Arbitration Association


Article 10 An Arbitration Commission may be set up in the capital city of a province, autonomous region or
municipality directly under the Central Government, and also in other cities divided into districts if the circumstances
require, with no need to set up at every administrative level.
In setting up an Arbitration Commission, the people's government of the city as mentioned in the preceding paragraph
shall arrange for the departments concerned and the relevant chambers of commerce to organize such Commission in a
unified manner.
For setting up an Arbitration Commission, the registration procedure shall be completed with the judicial
administration of the province, autonomous region or municipality under the Central Government.
Article 11 An Arbitration Commission shall meet the following requirements:
(1) has its own name, domicile and constitution;
(2) has the necessary property;
(3) has the personnel constituting the Commission; and
(4) has appointed arbitrators.
The constitution of an Arbitration Commission shall be formulated in accordance with this Law.
Article 12 An Arbitration Commission shall be composed of one Chairman, two to four Vice-Chairmen and seven to
eleven members.
The posts of Chairman, Vice-Chairman and member of an Arbitration Commission shall be held by specialists in the
fields of law, economy and trading and persons with practical experience. The specialists in law and in economy and
trading shall not be less than two-thirds of the personnel of an Arbitration Commission.
Article 13 An Arbitration Commission shall appoint their arbitrators from among persons who are just and upright.
An arbitrator shall have one of the following qualifications:
(1) has been engaged in arbitration for eight years or more;
(2) has practised law as a lawyer for eight years or more;
(3) has served as a judge for eight years or more;
(4) has been engaged in legal research or legal education and has a senior professional title; or
(5) with an acquaintance with law, has been engaged in the professional work of economy and trading, etc. and has a
senior professional title or has attained the equivalent professional level.
An Arbitration Commission shall draw up rolls of arbitrators according to different professions.
Article 14 Arbitration Commissions shall be independent of administrative agencies and there shall be no subordinate
relationship between an Arbitration Commission and any administrative agency, nor that between the different Arbitration Commissions.
Article 15 China Arbitration Association shall be a social organization with the status of a legal person. All Arbitration
Commissions shall be members of China Arbitration Association. The constitution of China Arbitration Association shall
be formulated by the National Congress of the Members.
China Arbitration Association shall be a self-disciplining organization of Arbitration Commissions, and it shall conduct
supervision over the undisciplined activities of Arbitration Commissions and their members and arbitrators.
China Arbitration Association shall formulate arbitration rules in accordance with the relevant provisions of the Civil Procedure Law and this Law.


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