Supreme People’s Court’s 2023 Judicial Review of Arbitration Annual Report

Photo of press conference

The Supreme People’s Court (SPC), along with the Ministry of Justice, held a press conference on 9 September, reported here, to announce the publication of the 2023 annual report of judicial review of commercial arbitration. It was written by the SPC’s #4 Civil Division in collaboration with the Capital University of Economics and Business.  I have attached the report as a PDF to enable readers in the United States and any other jurisdictions where the SPC’s official website is unavailable to download the report. This report is Chinese only, and an English version is understood to be forthcoming. There is a great deal of interesting information for practitioners and academics, but competing obligations do not permit me to analyze the report in detail. The number of cases reported to the SPC under its prior reporting system was reduced enormously (29 in 2023, compared to 350 in 2021, related to an amendment of the 2017 judicial interpretation on reporting procedures ). See the statistics from the report:

Trends in SPC Prior Review of Arbitration, 2020-2023 (yellow), blue columns are the total number of judicial review of arbitration cases

 

An infographic summarizing the results is in this report.

For anyone interested in the role of the SPC in legislation (as I wrote about in my article on how the SPC supports the development of foreign-related rule of law (long/short version), the report has a section describing in detail the SPC’s contribution to the drafting of amendments to the Civil Procedure Law, amendments to Arbitration Law, the drafting of Foreign State Immunity Law, etc.)

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