《中国（上海）自由贸易试验区仲裁规则》之解读

Abstract

The institutional innovation in Shanghai’s pilot free trade zone is about facilitating the improvement in the processes of investment and trading, increasing the efficiency of supervision and standardizing the regulatory environment. Among which, the construction of a commercial arbitration system is of great importance to the establishment of the legal environment. Based on China’s arbitration law and other relevant regulations, the Shanghai International Economic and Trade Arbitration Commission makes “Arbitration Rules of China (Shanghai) Pilot Free Trade Zone”, in order to justly, professionally and efficiently address the disputes from contracts and other property rights in free trade zone. These Rules came into effect in May 1st 2014. Rule 85 Section 10 was developed after drawing lessons from various international arbitration rules. For example, it improved on temporary measures and sets up the Emergency Tribunal System, lifts the restrictions on the selection of the arbitrator; specifies and lifts limitations on arbitrational procedure and allows other interests related parties to participate halfway in; complements arbitration procedures with conciliated procedures in the pre-arbitration procedure period; strengthen the proof system in the process of arbitration; introducing an amicable arbitration system and adds a small claims procedure to reduce related charges. The “Arbitration Rules of China (Shanghai) Pilot Free Trade Zone” plays an important role in building the dispute settlement system in the free trade zone; hence securing an institutionalized legal environment for the increasingly law-ruling and internationalized commercial trading zone in Shanghai. These Rules are the first arbitration rules used in free trading zone and they would have a significant influence in the further development of China’s arbitration system. It is expected that after a certain time of implantation of these rule, they will provide usable and propagable experience to nation-wide areas.