Jurisdiction(s):
United Kingdom

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

Interim measures in Mainland China arbitration: court-only relief, application routes and thresholds, enforcement, and Hong Kong/Macau mutual assistance (PRC Arbitration Law and Civil Procedure Law, 2025 amendments)

Published by a LexisNexis Arbitration expert

Practice notes

Interim measures in support of Arbitration in China

This Practice Note reviews the Availability of interim measures in aid of arbitration in China under the law of the People’s Republic of China (PRC). The references to ‘China’ and ‘PRC’ denote Mainland China, excluding Hong Kong, Macau and Taiwan. It has been updated to reflect the 2025 amendments that take effect on 1 March 2026, and all citations to the Arbitration Law are to the law as amended. In China, arbitral tribunals have no authority to grant interim measures, irrespective of the Arbitration rules selected. They are also barred from doing so even where the applicable rules expressly purport to confer such powers. Put simply, a party seeking interim measures must first submit its request to the arbitration institution, which will then transmit the application to the competent court. Arbitration institutions and tribunals are not permitted to consider the merits of an interim measures application. Under Article 104 of the Civil Procedure Law (‘Civil Procedure Law’, amended in 2023 and effective from 1 January 2024), a claimant in arbitration may apply for interim...

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Dr. Arthur (Xiao) Dong

JunHe LLP

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...

Alex Yuan

JunHe LLP

Year qualified: 2010 Bar qualification of the People’s Republic of ChinaMr. Alex Yuan began his career in international trade and related dispute resolution in his undergraduate years. Before becoming a licensed lawyer, he had been working in an international trade company for years and practiced in diverse sectors in export and import business. As a lawyer, Alex focuses on arbitration and litigation, including international sales of goods, commodity trade, transportation, settlement, insurance, technology services, and emission reduction transaction. He has also helped clients dealing with legal issues arising from several cross-border governmental procurements. He has served clients from many jurisdictions and has handled a quite a number of international arbitration cases before ICC, SIAC, HKIAC, JAMS, CIETAC, BAC, SHIAC as well as ad hoc arbitrations seated outside Mainland China. He is particularly skilled in appearing before overseas tribunal and conducting...

Web page updated on 21/05/2026

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