Longan Guangzhou
The newly revised “Arbitration Law of the People’s Republic of China” will come into effect on March 1, 2026. This marks a new stage in the development of China’s arbitration system and arbitration industry. In order to thoroughly analyze the reforms and impacts of this new law, especially in foreign-related arbitration, and to help overseas enterprises effectively avoid risks and develop steadily, the “Finance Perspective” column of China Business News has invited authoritative experts from the academic community, the legal profession, and the arbitration field to engage in in-depth discussions.
Lawyer Huang Qingfeng, a senior partner at Beijing Longan (Guangzhou) Law Firm, Deputy Director and Secretary-General of the Longan Bay Commercial Arbitration Research Center, and a member of the Arbitration Law Committee of the Guangdong Provincial Lawyers Association, was invited to participate in this seminar. He shared his professional insights on the strategic significance of the new law for enterprises going global.
The “Finance Perspective” column of China Business News also invited Mao Xiaofei, Deputy Director of the Country Law Research Office of the Institute of International Law of the Chinese Academy of Social Sciences, and a member of the Foreign-related Arbitration Expert Committee of the Ministry of Justice, as well as Zhang Xiaojian, a member of the Party Committee of the Guangzhou Arbitration Commission and Director of the Case Acceptance Department. Together, they explored how enterprises can better “go global” under a legal system that emphasizes innovation.
Below is the content of the interview (selected from China Business News):
Q: China Business News: What new provisions does the newly revised Arbitration Law have regarding the strengthening of the legal system for foreign-related matters?
Lawyer Huang Qingfeng: The new Arbitration Law focuses on “internationalization, flexibility, and openness.” It improves the foreign-related arbitration system in all aspects, creating a more favorable environment for both Chinese and foreign parties to resolve disputes.
The new law clearly defines the “nationality of the award” as the location of arbitration, solving previous problems. In the past, due to the lack of a clear concept of arbitration location, it was difficult to determine the procedural law applicable when seeking enforcement in other countries. This often led to confusion, especially when contracts did not specify the laws and arbitration rules applicable.
Now, with a clear definition of arbitration location, the nationality of the award is clear, and the arbitration location serves as the applicable procedural law and jurisdiction. For example, Chinese-American companies that undergo arbitration at the Singapore International Arbitration Center may have a hearing in Singapore, but if the arbitration location is Shanghai, then the award is considered a Chinese award, and it can be enforced in China. The procedural disputes are also under the jurisdiction of Chinese courts.
As a major breakthrough, the new law allows for limited temporary arbitration. This follows the “pilot and trial” approach of the Shenzhen Special Zone. It applies only to foreign-related disputes involving enterprises in free trade zones and free port areas. The arbitration location must be a city in China, and temporary awards must be filed with the arbitration association (the specific level will be clarified after March 1, 2026). At the same time, it promotes the open development of arbitration institutions. Domestic institutions can establish business institutions abroad, and foreign arbitration institutions can also establish business institutions in free trade zones, enhancing the openness of the system.
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Q: China Business News: What is the reason for adding the “special arbitration” system in the revised arbitration law? How should we view its current scope?
Lawyer Huang Qingfeng: The special arbitration system stipulated in the new Arbitration Law is essentially a trial implementation of “temporary arbitration” in China. It aligns with international rules and creates a flexible way to resolve disputes.
Based on the experience of foreign temporary arbitration, China has introduced a special arbitration system with Chinese characteristics. This is both an exploration of the latest forms of arbitration and a way to enhance the resolution of foreign-related disputes.
The core value of this system is significant: first, it aligns with international standards, filling gaps in previous systems and making Chinese arbitration more consistent with global practices; second, it meets the personalized needs of foreign parties. Parties can freely choose arbitration rules and arbitrators, similar to “private chef services,” which helps to resolve cross-border business disputes flexibly; third, it enhances the international competitiveness of Chinese arbitration. By adopting internationally recognized arbitration methods, it increases the credibility and attractiveness of the system, helping China become a preferred place for international commercial arbitration.
The new law adopts a “cautious definition and gradual expansion” approach for the scope of special arbitration. Initially, it applies to foreign-related arbitration by enterprises in free trade zones and Hainan Free Port areas, as well as previously defined foreign-related maritime disputes, such as ship collisions and maritime rescue. Its core principle is flexibility: the composition of the arbitration tribunal is determined by both parties, and procedural rules can be chosen from those of the Guangzhou Arbitration Commission, the Hong Kong International Arbitration Center, or other institutions. Additional services such as delivery and case management can also be utilized. However, the arbitration location must be a city in China, and the award must be filed with the arbitration association within three working days after the award.
As Chinese enterprises become more integrated into the global economy, there is a growing need for flexible and efficient dispute resolution mechanisms. The special arbitration system will support the establishment of international commercial arbitration centers in Beijing, Shanghai, Shenzhen, and Guangzhou. This not only shows the courage to explore but also helps to control risks effectively.
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Lawyer Huang Qingfeng’s participation in this special seminar by a national authoritative media outlet demonstrates his deep expertise and influence in the field of arbitration law. It also shows the professional strength and leading position of Longan Guangzhou Law Firm and the Longan Bay Commercial Arbitration Research Center in resolving commercial disputes, especially in foreign-related legal services.
Through this in-depth discussion in the “Finance Perspective” column of China Business News, the understanding of the new Arbitration Law, especially the foreign-related arbitration system, among all sectors of society, especially overseas enterprises, has been further enhanced. With the continuous efforts of legal professionals like Lawyer Huang Qingfeng, Chinese enterprises will be able to participate in international competition more confidently and effectively, achieving high-quality development in global markets.
China Business News
Founded in 1985, China Business News is managed by the Institute of Industrial Economics of the Chinese Academy of Social Sciences. It is published by China Business News Publishing Co., Ltd. The newspaper always adheres to the principles of “lifelong learning, smart management, and contributing to a better society.” Over forty years, it has become a large media group with two newspapers, a website, and new media. It is a leading comprehensive financial and economic media service provider in China.
Profile of Lawyer
Lawyer Huang Qingfeng
Lawyer Huang Qingfeng is a senior partner at Beijing Longan (Guangzhou) Law Firm, Deputy Director of the Longan National Commercial Arbitration Committee, and Deputy Director and Secretary-General of the Longan Bay Commercial Arbitration Research Center.
Areas of expertise: commercial arbitration research, real estate and construction projects, financial and capital market disputes.
Social roles: member of the Chinese Arbitration Law Research Association; arbitrator at the Guangzhou Arbitration Commission; arbitrator in Beihai, Zhaoqing, and Heyuan; member of the Arbitration Law Committee of the Guangdong Provincial Lawyers Association (Outstanding Member for 2023).