中国的仲裁制度(英)

中国的仲裁制度（英）

Arbitration System

Arbitration is a legal arrangement whereby both parties to a civil （commercial） dispute reach an agreement to voluntarily submit the case to a third party to adjudicate in accordance with specified procedures and rules and following the principle of impartiality, and whereby both parties are bound to enforce the ruling.

Arbitration is usually a non-governmental trade activity; it represents a private action. Together with composition, mediation and action, it is a common way to settle civil （commercial） disputes. Arbitration, however, is subject to state supervision. The State intervenes through courts in accordance with legal provisions of the place where the arbitration takes place in the validity of the arbitration award, the making of arbitration procedures, the enforcement of awards and in the case of involuntary enforcement

by a party. Arbitration, therefore, is a judicial activity and a part of China's judicial regime.

The Arbitration Law of the People's Republic of China, promulgated on August 31, xx, unified

arbitration practices across the country and harmonizes China's arbitration system with internationally accepted principles, systems and practices.

Basic Principles

1. Voluntarism:

Parties to a dispute should voluntarily reach an agreement to resolve their dispute through arbitration. An arbitration committee shall not consider a case without application from a party to the agreement.

2. Independence:

Arbitration should be independent of any interference from administrative bodies, social organizations or individuals.

An arbitration agency is not part of the administrative apparatus.

Arbitration institutions are established geographically, independent from each other; they have no affiliation among themselves.

Arbitration committees, arbitration associations and arbitration tribunals are also independent from each other, with arbitration tribunals adjudicating cases free from interference by arbitration associations or arbitration committees.

Courts must exercise the power of supervision over arbitration activities; however, arbitration is not dependent on adjudication and arbitration institutions are not dependent on courts.

3. Legality and Impartiality:

The Arbitration Law provides that arbitration should be based on facts, comply with laws and resolve disputes in an impartial and reasonable manner.

Arbitration Bodies

1. Arbitration Association

China Arbitration Association is a self-

disciplinary organization of arbiters. It supervises arbitration committees and their members and the