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2025 New Chinese Arbitration Law: Improvements Made and To Be Further Made

(This post is written by Dr. Chen Zhi who is an Attorney at Zhiheng Law Firm Guangzhou Office, PRC).

I. Introduction

On September 12, 2025, the newly revised Arbitration Law (hereinafter New Arbitration Law) of the People’s Republic of China (hereinafter “PRC”) was adopted by the Standing Committee of the National People’s Congress (hereinafter as “SCNPC”) with the subsequent promulgation by the President of PRC, and will take effect on March 1, 2026. The New Arbitration Law features novelties such as the introduction of “arbitration seat”, limited liberalization of ad hoc arbitration, enshrining online arbitration, a higher threshold for eligibility of arbitrator, and a shorter duration for applying for annulment of arbitral award from six months to three months. Nonetheless, some articles of the New Law leave room for further discussion. This article combs through the history of revision, delves into the highlights and remaining gaps of the New Arbitration Law, and provides insights into its significance for the development of commercial arbitration in Mainland China from the perspective of an arbitration practitioner in Mainland China. Read more

Major amendment to Chinese Arbitration Act after three decades

This guest post is written by Jie Zheng, Assistant Professor & Research Fellow, Shanghai University of Finance and Economics

On 12th September 2025, the 17th session of the Standing Committee of the 14th National People’s Congress passed the Amendment to the Arbitration Law of the People’s Republic of China (hereinafter “Chinese Arbitration Act”) to be effective from 1st March 2026[1], which was first adopted in 1994. Since its adoption, China has undergone enormous economic reforms and a more urgent need to align the legislation with international arbitration practices. There were only two minor revisions in 2009 and 2017 to fix technical inconsistencies with other procedural laws. In July 2021, the Ministry of Justice of China released a Draft Revision of the Arbitration Law for public consultation. [2] This was the first comprehensive reform since 1994. The draft was reviewed by the Sanding Committee of the National People’s Congress three times. Read more

Personal Jurisdiction, Consent, and the Law of Agency

I have long argued – in articles, blog posts, and amicus briefs – that it violates due process to invoke a forum selection clause to obtain personal jurisdiction over a defendant who was not a party to the agreement in which the clause appears. This position has not yet achieved universal acceptance. The state courts in New York, in particular, have repeatedly held that forum selection clauses can be used to assert personal jurisdiction over non-party defendants who are “closely related” to the parties or the transaction. In this blog post, I use a recent case—Bandari v. QED Connect Inc.—decided by Magistrate Judge Gary Stein (SDNY) to highlight some of the problems with the “closely related” test. Read more

News

Job Offer: Research Fellow at Bucerius Law School, Hamburg

Henrike von Scheliha (Bucerius Law School) is currently looking to hire a Research Fellow (with the option to prepare a PhD thesis under her supervision) in German Family and/or Succession Law.

More information is available here.

Call for papers: Australasian Association of Private International Law Conference 2026

The second annual conference of the Australasian Association of Private International Law will be held from Friday 17 to Saturday 18 April at Ashurst’s offices in Sydney, New South Wales, Australia, sponsored by Ashurst.

We are pleased to invite the submission of paper proposals for the conference on any aspect of private international law, broadly understood.  This includes issues of jurisdiction, choice of law, the recognition and enforcement of foreign judgments (including how they relate to cross-border issues within a federation), and all areas of private law that raise cross-border and transnational issues.

Paper proposals should be made on this form by Friday 30 January 2026. We also welcome panel proposals. Please email m.keyes@griffith.edu.au if you have a proposal for a panel. Proposed presenters on any panel will be required to submit individual paper proposals.

We welcome anyone interested in private international law, including from the judiciary, legal practice, government, and the academy, from any jurisdiction.  Attendees, including presenters, will be required to pay a registration fee. A conference dinner will be held on the evening of Friday 17 April, at an additional cost.

To keep up to date with AAPrIL events, please connect with us on LinkedIn.

Border Control & Migration: Safeguarding Fundamental Rights in the Age of Artificial Intelligence

You are invited to the next Migration Talk organized by the Jean Monnet Chair in Legal Aspects of Migration Management in the European Union and in Türkiye by Leyla Kayac?k (Human Rights Expert/ Council of Europe Former Special Representative of the Secretary General on Migration and Refugees) on “Border Control & Migration: Safeguarding Fundamental Rights in the Age of Artificial Intelligence”.

Venue: Online via Zoom
Date: 17 December 2025, Wednesday
Time: 12:30 – 13:20 (UTC +3)
The Zoom link shall be provided upon request: migration@bilkent.edu.tr