Contributed By Commerce & Finance Law Offices
The procedure of arbitration in PRC is governed by:
The arbitration rules that the parties have agreed to apply shall also govern the arbitration procedure.
In arbitration proceedings conducted in PRC, there are no particular procedural steps that are required by law.
As mentioned above, PRC law does not give arbitrators the power to rule on jurisdiction or interim measures. The powers of arbitrators established by PRC law are as follows:
With respect to the duties of arbitrators, the Arbitration Law requires arbitrators to act independently (Article 8, Arbitration Law), and resolve disputes fairly based on the facts and laws (Article 7, Arbitration Law). The Arbitration Law also provides that an arbitrator shall be removed from a case for any of the following reasons:
There are no particular qualifications or other requirements for legal representatives appearing in an arbitration seated in China, which is different from cases before PRC courts. The legal representatives of an arbitration need not be admitted as Chinese-qualified lawyers. In circumstances where the parties concerned entrust a legal representative to handle arbitration matters, a letter of authorisation shall be submitted to the arbitration institution (Article 29, Arbitration Law).