Overseas arbitration agencies allowed to set up offices in Lin-gang Special Area
Shanghai Municipal Bureau of Justice published some measures on the administration of overseas arbitration agencies' offices in Lin-gang Special Area of China (Shanghai) Pilot Free Trade Zone at a parallel forum of the second China International Import Expo on Nov 8.
According to the measures, eligible non-profit arbitration organizations, legally established in foreign countries or in Hong Kong, Macao and Taiwan, and arbitration agencies, established by international organizations of which China is a member, can apply to Shanghai Municipal Bureau of Justice for registration and establishment of offices in Lin-gang Special Area to carry out foreign-related arbitration from Jan 1, 2020.
To establish an office in Lin-gang Special Area, an overseas arbitration agency should satisfy the following three conditions.
First, it has been legally established overseas for more than five years. Second, it carries out substantive arbitration services overseas and has a high international reputation. Third, the head of the office to be established has not received any criminal punishment for intentional offences.
The registration, alteration and deregistration information of such offices should be made public by Shanghai Municipal Bureau of Justice through its official website or other channels. The arbitration offices can provide foreign-related arbitration on civil and commercial disputes in international commerce, maritime affairs, investment and other fields, including case acceptance, trials, hearings and verdicts; case management and services; arbitration consulting, guidance, training and seminars.
Shanghai Municipal Bureau of Justice encourages and supports such arbitration offices to carry out exchanges and cooperation with local arbitration organizations in Shanghai, including signing cooperation agreements, recommending arbitrators and mediators to each other, providing internships and exchange positions to each other, facilitating each other's arbitration activities such as trials and hearings, and jointly organizing training, conferences, seminars and promotional activities.