Arbitration on ExcellentWiki - Legal Encyclopedia

Chinese Arbitration Law

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The Arbitration Law 1994

The Arbitration Law of the People’s Republic of China, adopted in 1994 and effective from 1995, is the principal legislation governing domestic and foreign-related arbitration in China. The Law replaced the earlier system of administrative arbitration and established a unified framework for commercial arbitration. The Arbitration Law is divided into eight chapters covering general provisions, arbitration commissions and the arbitration association, the arbitration agreement, the arbitration procedure, the application for setting aside arbitral awards, enforcement, and supplementary provisions. The Law reflects China’s integration into the international arbitration community and its commitment to the New York Convention, which China ratified in 1987.

EU Arbitration Law

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The Limited Express Competence of the EU in Arbitration

The European Union has no express legislative competence over arbitration in the Treaties, and arbitration has historically been treated as a matter for member state law, international convention, or party autonomy. Article 1(2)(d) of the Brussels I Recast Regulation (1215/2012) expressly excludes “arbitration” from the scope of the Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. This exclusion preserves the primacy of the New York Convention and the national procedural law of the member states in matters of arbitration. The precise scope of the arbitration exclusion has been the subject of significant CJEU jurisprudence. In Rich v Società Italiana Impianti (Case C-190/89, 1991), the Court held that the exclusion extends to proceedings ancillary to arbitration, including the appointment of arbitrators. In Van Uden Maritime v Deco-Line (Case C-391/95, 1998), the Court distinguished between proceedings that are ancillary to arbitration (excluded) and proceedings that relate to the substance of the dispute or seek provisional measures (not excluded). In Gazprom (Case C-536/13, 2015), the Court confirmed that the Brussels I Regulation does not preclude a member state court from recognising and enforcing an arbitral award that prohibits a party from bringing proceedings before a court of another member state, because the award itself falls within the arbitration exclusion.

French Arbitration Law

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The 2011 Reform and the Code of Civil Procedure

French arbitration law is governed by Articles 1442 through 1527 of the Code of Civil Procedure (Code de procédure civile, CPC), as comprehensively reformed by Decree No 2011-48 of 13 January 2011. The reform modernised French arbitration law while preserving its distinctive features, including the liberal treatment of international arbitration and the strict separation between domestic and international arbitration regimes. The 2011 reform codified and clarified the case law developed by the Paris Court of Appeal and the Cour de cassation, reinforcing France’s position as a leading arbitration-friendly jurisdiction and confirming Paris as a major seat for international arbitration.

German Arbitration Law

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Book 10 of the Code of Civil Procedure

German arbitration law is governed by Book 10 of the Code of Civil Procedure (Zivilprozessordnung, ZPO), §§ 1025–1066, enacted in the 1998 reform that implemented the UNCITRAL Model Law on International Commercial Arbitration. The reform replaced the earlier provisions of the ZPO that had been in force since 1877, modernising German arbitration law and aligning it with international standards. Section 1025 defines the scope of application: the provisions apply to domestic and international arbitrations seated in Germany, with supplementary application to arbitrations seated outside Germany for certain procedural matters, including the recognition and enforcement of awards. The German approach closely follows the Model Law’s structure and terminology, making German arbitration law accessible to international practitioners and predictable in its application.

Russian Arbitration Law

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Sources of Russian Arbitration Law

Russian arbitration law is governed by a complex framework of legislative sources. The Law on International Commercial Arbitration of 1993 (No 5338-1) is based on the UNCITRAL Model Law and governs international commercial arbitration seated in Russia. The Code of Civil Procedure (Grazhdansky Protsessualny Kodeks) and the Code of Arbitrazh Procedure (Arbitrazhny Protsessualny Kodeks) address domestic arbitration and the interaction between state courts and arbitral tribunals. The Law on Arbitration in the Russian Federation of 2015 (No 382-FZ) comprehensively reformed domestic arbitration, introducing stricter institutional requirements and limiting the availability of ad hoc arbitration. The Resolution of the Plenum of the Supreme Court No 53 of 2019 provided important clarifications on the enforcement of foreign arbitral awards, consolidating judicial practice and ensuring greater predictability in the recognition and enforcement of international awards in Russia.

UK Arbitration Law

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The Arbitration Act 1996

The Arbitration Act 1996 is the primary legislation governing arbitration in England and Wales, Northern Ireland, and (with modifications) Scotland. Section 1 of the Act establishes three general principles that inform its interpretation: the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense; the parties’ freedom to agree on how disputes are resolved, subject only to necessary safeguards in the public interest; and the court’s limited role, with the principle of non-intervention in arbitral proceedings. The Act represented a significant modernisation of English arbitration law, codifying the common law in a comprehensive statutory framework designed to support London’s position as a leading centre for international arbitration. The Act’s structure reflects the UNCITRAL Model Law’s influence, though it was drafted to preserve distinctive features of English arbitration practice.

US Arbitration Law

Mon, 06 Jul 2026 00:00:00 +0000

The Federal Arbitration Act

The Federal Arbitration Act (FAA), enacted in 1925 and codified at 9 U.S.C. §§ 1–16, is the primary legislation governing arbitration in the United States. Chapter 1 of the FAA applies to domestic arbitration and establishes a substantive federal policy favouring arbitration. In Southland Corp v Keating (465 U.S. 1, 1984), the Supreme Court held that the FAA preempts state anti-arbitration laws under the Supremacy Clause, establishing that the FAA applies in both federal and state courts and that state laws that discriminate against arbitration are invalid. This preemption doctrine has been a cornerstone of American arbitration law, ensuring that arbitration agreements are treated no less favourably than other contracts under state law — the “saving clause” of FAA § 2.