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Key definition
Arbitral Tribunal definition

What does Arbitral Tribunal mean? An arbitral tribunal is the decision-making body in an arbitration: the arbitrator(s) appointed by or on behalf of the parties (by agreement, an arbitral institution or the court) to resolve their dispute and issue an award. A tribunal may comprise a sole arbitrator or a panel of arbitrators (commonly three). It derives authority from the arbitration agreement, any applicable institutional rules and the law of the seat. Across the UK and Ireland the usage is consistent and recognised in legislation. In England & Wales and Northern Ireland, the Arbitration Act 1996 refers to the tribunal as the...

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Challenging arbitral jurisdiction in China: anti‑suit objections, validity of agreements and judicial review under the 2025 PRC Arbitration Law

Practice notes
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This Practice Note considers challenges to the jurisdiction of arbitral tribunals under the Arbitration Law of the People’s Republic of China (PRC) (the Arbitration Law).

This Practice Note has been revised to reflect the 2025 amendments, taking effect on 1 March 2026, by the National People’s Congress of the People’s Republic of China. All citations to provisions of the Arbitration Law are to the amended law. Disputes over a Chinese arbitral institution’s competence commonly turn on whether the Arbitration agreement is binding. Under Article 5 of the Arbitration Law (as amended in 2025), arbitral tribunals have exclusive competence to hear disputes where the parties ‘have concluded an arbitration agreement’. Correspondingly, Article 5 also restrains PRC courts from taking jurisdiction ‘unless the arbitration agreement is null and void’. Accordingly, a jurisdictional objection typically targets the validity and binding effect of the parties’ arbitration agreement...

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Arthur (Xiao) Dong
Dr. Arthur (Xiao) Dong chambers

Qualified Year: 1996 Bar qualification of the People’s Republic of ChinaDr. Arthur (Xiao) Dong is a partner from JunHe LLP. He has worked as a PRC lawyer nearly 30 years. He has focused on complex matters of international commercial arbitration and litigation in relation to cross-border transactions. His expertise covers a wide spectrum, including: international trade, technology transfer and intellectual property protection, cross-border investments, antitrust private litigation and M&A, as well as distribution and franchise disputes. He has been continuously recognized as a leading practitioner in arbitration by renowned organizations such Chambers, Who’s Who Legal, Legal 500, Benchmark, and Asialaw.Arthur has been enrolled in the listed Panel of Arbitrators/Mediators of several well-established arbitration institutions such as HKIAC, SIAC, KCAB, CIETAC, BAC, SHIAC, SCIA, AIAC, WIPO. He is also a council member of the HKIAC. Arthur is a sought-after arbitrator among the...

Web page updated on 21/05/2026

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