The Supreme People's Court and the Ministry of Justice: Accelerate the construction of international first-class arbitration institutions in the Greater Bay Area

CCTV.com2025-05-01

CCTV News: In order to implement the decisions and arrangements of the Party Central Committee on promoting the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, give full play to the functions and advantages of the arbitration system, create a market-oriented, law-based, and international first-class business environment, and help the high-quality development of the Guangdong-Hong Kong-Macao Greater Bay Area, the Supreme People's Court and the Ministry of Justice jointly issued the "Opinions on Fully Give Up the Role of Arbitration Function and Serving the High-Quality Development of the Guangdong-Hong Kong-Macao Greater Bay Area" (hereinafter referred to as the "Opinions").

The "Opinions" clearly define the "Hong Kong (Macao) capital, Hong Kong (Macao) arbitration" system, proposing that Hong Kong-funded and Macao-funded enterprises established in nine mainland cities in the Guangdong-Hong Kong-Macao Greater Bay Area can agree that the mainland is the place of arbitration, or that Hong Kong and Macao are the place of arbitration to resolve commercial disputes.

The "Opinions" make detailed implementations on the planning and construction of the Guangdong-Hong Kong-Macao Greater Bay Area International Commercial Arbitration Center, emphasizing the need to accelerate the construction of international first-class arbitration institutions in the Greater Bay Area, closely combine the pilot construction of the Guangzhou and Shenzhen International Commercial Arbitration Center with the construction of international legal and dispute resolution service centers in Hong Kong and Macao, plan to build the Greater Bay Area International Commercial Arbitration Center, establish a unified arbitration rules and an online dispute resolution platform in the Greater Bay Area, form an international leading and world-influent international commercial arbitration highland, and improve the credibility and international competitiveness of my country's arbitration.

The "Opinions" also put forward requirements for the expansion of service areas of arbitration institutions in the nine mainland cities of the Greater Bay Area, improving the arbitration and litigation docking mechanism and judicial support and supervision mechanism, sharing resources of arbitrators and arbitration secretaries in Guangdong, Hong Kong and Macao, establishing an information sharing mechanism between people's courts and judicial administrative agencies and arbitration institutions, and establishing a joint training and training mechanism for foreign-related arbitration talents.

Opinions on giving full play to the role of arbitration functions to serve the high-quality development of the Guangdong-Hong Kong-Macao Greater Bay Area

In order to implement the deployment of the Third Plenary Session of the 20th CPC Central Committee on deepening the reform of the arbitration system, in accordance with the requirements of the "Outline of the Development Plan for the Guangdong-Hong Kong-Macao Greater Bay Area" and the "Implementation Plan for the Construction of the "14th Five-Year Plan" of the Guangdong-Hong Kong-Macao Greater Bay Area", "Promote the establishment of a diversified dispute resolution mechanism for consultation, joint construction and sharing" and "Improve the establishment of an international commercial dispute resolution mechanism and build an international arbitration center", give full play to the functions and advantages of the arbitration system, create a market-oriented, law-based, and international first-class business environment, and help Hong Kong and Macao better integrate into the overall national development, the following opinions are put forward:

1. Hong Kong-funded and Macao enterprises established in the nine mainland cities (hereinafter referred to as the nine mainland cities) in the Guangdong-Hong Kong-Macao Greater Bay Area can both agree that the mainland is the arbitration place, or Hong Kong and Macao can agree that the mainland is the arbitration place to resolve commercial disputes.

2. Accelerate the construction of international first-class arbitration institutions in the Greater Bay Area, closely combine the pilot construction of the Guangzhou and Shenzhen International Commercial Arbitration Center with the construction of international legal and dispute resolution service centers in Hong Kong and Macao, plan to build the Greater Bay Area International Commercial Arbitration Center, establish a unified arbitration rules and an online dispute resolution platform in the Greater Bay Area, form an international leading and world-influent international commercial arbitration highland, and improve the credibility and international competitiveness of my country's arbitration.

3. Improve and perfect arbitration rules and business models that adapt to the development requirements of new quality productivity, standardize the development of Internet arbitration, explore the application of intelligent technology in arbitration, and serve the healthy development of emerging industries such as artificial intelligence, digital economy, and life sciences.

4. Establish a docking service platform between people's courts and judicial administrative agencies and arbitration institutions with complete functions and standardized operation in nine cities in the mainland. Relying on the online service platform of the people's courts, we will facilitate the handling of arbitration and preservation matters, and promote the organic connection between arbitration and litigation.

5. Establish a judicial review case database for arbitration and arbitration in the Greater Bay Area, strengthen the release and publicity of typical cases, guide arbitration institutions to handle arbitration cases in accordance with the law, encourage parties to choose arbitration methods to resolve disputes, and support arbitration to play a greater role.

6. Support the construction of a recommendation list of arbitrators in Guangdong, Hong Kong and Macao, and promote resource sharing, mutual recognition and mutual employment of arbitrators in the Greater Bay Area. Research and formulate international service recommendation standards for arbitration secretaries in the Greater Bay Area, explore the establishment of a recommendation database for arbitration secretaries in the Greater Bay Area and a mechanism for the independent selection of arbitration secretaries in the arbitration tribunal, and promote the sharing and sharing of arbitration secretaries in the Greater Bay Area. Promote information sharing between people's courts and judicial administrative organs and arbitration institutions, and strengthen communication and coordination of arbitration work.

7. Support the establishment of a joint training and training mechanism for foreign-related arbitration talents in the Greater Bay Area, jointly build a training practice base for arbitrators and arbitration secretaries in Guangdong, Hong Kong and Macao, and carry out joint training for judges and arbitrators in the people's courts of nine mainland cities. Give full play to the role of Hong Kong's relevant foreign-related legal talent training mechanisms and implement foreign-related arbitration talent training projects.

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