image_pdfimage_print

Views

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

Call for papers: Bridging Jurisdictions: Rethinking Commercial Conflicts of Laws 10 Years After Brexit

by Dr Georgia Antonopoulou (University of Birmingham) and Dr Ekaterina Pannebakker (Leiden University)

On 14 May 2026, the roundtable Bridging Jurisdictions: Rethinking Commercial Conflicts of Laws 10 Years After Brexit will take place at the University of Birmingham, in the UK. This roundtable will focus on highlighting cooperation opportunities in commercial conflicts of laws between the United Kingdom and the EU in light of current developments including jurisdictional competition, digitisation, sustainability, and international sanctions. The roundtable will feature policymakers and internationally renowned scholars.

We invite submissions of draft articles from researchers and academics, especially at their early stages of their careers, on private international law in the aftermath of the Brexit. The applications should be in English. Kindly email your application to Dr E. Pannebakker (e.s.pannebakker@law.leidenuniv.nl) and Dr G. Antonopoulou (g.antonopoulou@bham.ac.uk). The submissions should include:

  • an abstract (max. 200 words);
  • a draft or a detailed outline of the contribution (max. 5,000 words);
  • a bio/curriculum vitae of the author (max. 2 pages long).

The deadline for submission is 1 February 2026. The selected participants will be notified by the end of February 2026.

During the roundtable, the selected participants will give a presentation of their articles and then receive feedback. Accepted papers will be considered for publication in an edited special journal issue in an international review. The roundtable will cover reasonable costs of travel, accommodation, and meals for the selected participants.

Possible topics include:

  • Jurisdictional competition including arbitration and international commercial courts;
  • PIL in the United Kingdom post-Brexit;
  • The impact of digitisation on private international law (applicable law and/or jurisdiction);
  • Sustainability and private international law;
  • The impact of trade sanctions on private international law.

We particularly welcome applications from underrepresented groups. Special consideration will be given to female participants vested with childcare and/or other domestic responsibilities.

This project has received funding from the Birmingham – Leiden universities Strategic Collaboration Fund.

We are looking forward to receiving your application!

         

Upcoming European Dialogue on Civil Procedural Law “Recent Developments on Brussels Ibis” Thursday, 4 December 2025 1 pm CET

The next session of the conference series European Dialogue on Civil Procedural Law will take place (online) on Thursday, 4 December 2025, from 13:00 to 17:00 (CET), under the theme “Recent Developments on Brussels Ibis”.

The event is organised by Dr. habil. Balázs Arató, PhD, Prof. Dr. Thomas Garber, Prof. Dr. Katharina Lugani and Prof. Dr. Matthias Neumayr.

The Brussels I bis Regulation, together with its parallel instrument, the Lugano Convention, forms the core of European civil procedure law. Events in this series serve to promote dialogue among Member States and with third countries, thereby strengthening and improving the integration and efficiency of European legal instruments. The interim online conference on 4 December 2025 will feature country reports from four legal systems and two presentations on current topics relating to the Brussels Ia Regulation. The event is aimed at academics and practitioners alike. We look forward to a lively exchange.

The speakers are :

  • Dr. habil. Balázs Arató, PhD, Budapest, Hungary
  • Dr. Caterina Benini, Università Cattolica del Sacro Cuore, Milan, Italy
  • Assoc.-Prof. Dr. Eva Dobrovolná, Ph.D., LL.M., Masaryk University, Brno, Czech Republic
  • Prof. Dr. Étienne Farnoux, University of Strasbourg, France, seconded to the Saint Joseph University of Beirut, Lebanon
  • Prof. Dr. Thomas Garber, Johannes Kepler University Linz, Austria
  • Prof. Dr. Katharina Lugani, Heinrich Heine University Düsseldorf, Germany
  • Prof. Dr. Robert Magnus, University of Bayreuth, Germany
  • Assoc.-Prof. Dr. Martina Melcher, M.Jur, University of Graz, Austria
  • Prof. Dr. Matthias Neumayr, Johannes Kepler University Linz, Austria
  • Prof. Dr. Anna Nylund, University of Bergen, Norway

The flyer for the event can be found here.

Please register here.

Participation is free of charge.

HCCH Monthly Update: November 2025

HCCH Monthly Update: November 2025

Conventions & Instruments

On 5 November 2025, Algeria deposited its instrument of accession to the 1961 Apostille Convention. With the ratification of Argentina, the Convention now has 58 Contracting Parties. With the accession of Algeria, the 1961 Apostille Convention now has 128 Contracting Parties. It will enter into force for Algeria on 9 July 2026. More information is available here.

On 27 November 2025, Monaco deposited its instrument of accession to the 2005 Choice of Court Convention. With the accession of Monaco, 38 States and the European Union are bound by the 2005 Choice of Court Convention. The Convention will enter into force for Monaco on 1 March 2026. More information is available here.

Read more