Tag Archive for: arbitration and private international law

Major amendment to Chinese Arbitration Act after three decades

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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

Advance Article for Issue Three of the Uniform Law Review for 2025

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An advanced article on conflict of laws for issue three of 2025 for Uniform Law Review was recently published.

Cayetana Santaolalla Montoya, “The challenges of blockchain arbitration from a private international law perspective”

This article aims to explore the emergence of blockchain arbitration and the legal challenges it poses from a private international law perspective. It examines the legal implications of this new type of arbitration and its feasibility under international regulatory frameworks (including the European Union, the USA, and the 1958 New York Convention), and it assesses leading decentralized justice platforms such as Kleros, Aragon, and Jur. The study highlights the fundamental differences between blockchain arbitration and traditional arbitration, identifying challenges such as the absence of a seat, the anonymity of parties and arbitrators, and the tension between decentralization and legal oversight. Finally, it explores future trends and proposes recommendations to adapt existing regulatory frameworks, concluding that, while blockchain arbitration will not replace classical arbitration in the short term, it could establish itself as a valuable complement to resolve disputes in the global digital economy.