It is beyond question that the Arbitration Law of China has considerably contributed to the formation, growth, and enhancement of China's current arbitration system. Though there has been progressing, especially in international arbitration practice, due to the rapidly evolving socio-economic conditions and the continuously expanding legal system in China, the Arbitration Law's provisions have lagged behind those practices.
Article 45 of the Arbitration Law says that evidence shall be submitted at the hearing. The parties may review the evidence, which supports the idea that documents-only arbitration is banned. The Supreme Court of China has issued over 30 judicial interpretations and decisions that apply to the arbitration. The main objective of these agreements is to fill gaps in the Arbitration Law, and they do not provide a solution to the root issues of it.
To ensure that amendment work is done rapidly and that the Arbitration Law is given serious consideration when the time is right, the legislation is referenced in the 13th National People's Congress Standing Committee legislative plan as a piece of legislation to be expedited and submitted for discussion when the conditions are right.
In recent years, the government's legislative department, arbitration practitioners, and academics have engaged in a wide range of debates on revising and enhancing the Arbitration Law. The ideas so far are mainly concerned with one specific issue: the possible expansion of the scope of the Arbitration Law. Having the ability to bolster non-governmental bodies in this manner will increase the degree of legal nongovernmental in arbitration commissions. It will also shed light on the existence of ad hoc arbitration and establish how that body operates. It will also loosen the requirements for a valid arbitration agreement, thus increasing transparency in that process. This will also bolster the judicial oversight and support of arbitration.
ENFORCEMENT OF ARBITRAL AWARDS
To supplement the UN Commission on International Trade Law's UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law), China's Arbitration Law also incorporated several of the original principles of party autonomy and separability of arbitration agreements.
Although the UNCITRAL Model Law is not approved as a whole, China can't be considered a nation with an implementation of the UNCITRAL Model Law. Some other noteworthy elements, which are notably absent from the Arbitration Law, include the clause relating to ad hoc arbitration, interim measures, and emergency arbitrators. Despite this, specific arbitration commissions, including the Beijing Arbitration Commission and the China International Economic and Trade Arbitration Commission, have arbitration rules that allow emergency arbitrator rules to be implemented where an emergency arbitrator orders the interim measures enforceable outside of China.
As China advances its endeavour to bring forward best practices in international arbitration and update the Arbitration Law, it should also bring forth new developments to provide unique solutions to the arbitration market and boost its overall competitiveness in global dispute settlement.
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