China has revised its Arbitration Law (adopted September 12, 2025, effective March 1, 2026) and this article provides a practical summary of how to file an arbitration case in China under the new law.

1. Confirm Arbitration Agreement

Ensure that a valid arbitration agreement exists. It must be in writing, show clear intent to arbitrate, specify the subject matter, and name an arbitration institution (unless ad hoc arbitration is allowed).

2. Determine Jurisdiction and Nature of Dispute

Check whether the dispute is foreign-related. If so, you may use foreign arbitration institutions’ branches in free trade zones, or choose ad hoc arbitration in permitted cases.

3. Choose Arbitration Institution or Ad Hoc Arbitration

Select a recognized arbitration institution (e.g., CIETAC, SHIAC) or ad hoc arbitration if allowed. Ensure the chosen body has jurisdiction over the dispute.

4. Prepare Arbitration Application

Draft and submit an Application for Arbitration. Include:
- A copy of the arbitration agreement
- Statement of claims and relief sought
- Factual and legal basis
- Supporting documents (contracts, invoices, correspondence, etc.)
- Details of representatives (if any)
- Preferred arbitrator(s), language, and hearing method (including online arbitration if agreed).

5. Submit Application

Submit the application to the selected arbitration institution. Pay the required registration fee.

6. Acceptance by Institution

The arbitration institution reviews the application. If accepted, it issues a notice to the respondent and formally begins the case.

7. Constitution of Arbitral Tribunal

Parties nominate arbitrators according to the arbitration rules. If parties fail to agree, the institution will appoint the arbitrator(s).

8. Preliminary Procedures

Participate in the case management meeting or preliminary hearing. Raise any objections to jurisdiction at this stage. If not raised, objections may be deemed waived.

9. Interim Measures (Optional)

Apply for interim measures if necessary (e.g., asset preservation, injunctions, evidence preservation). This can be done via the arbitration institution or directly through a People’s Court.

10. Arbitration Proceedings

Submit written statements, evidence, and participate in hearings (in person or online). Present witnesses and expert opinions if required.

11. Award

The tribunal deliberates and issues an arbitral award. The award is final and binding.

12. Enforcement

If the respondent does not voluntarily comply, apply to a People’s Court for enforcement. For cross-border cases, rely on the New York Convention or relevant treaties. Applications to set aside the award must be filed within statutory deadlines.