New Guidelines to Promote Arbitration in the Greater Bay Area Published by Mainland Chinese Authorities

On 14 February 2025, the Supreme People’s Court (SPC) and the Ministry of Justice jointly published guidelines listing seven measures designed to enhance the function of arbitration to assist with high-quality development of the Guangdong-Hong Kong-Macao Greater Bay Area (GBA).

The initiative hopes to improve dispute resolution mechanisms in the region, strengthen international collaboration, and elevate China’s arbitration practices to a globally competitive level.

Key Highlights of the Guidelines

1. Flexible Arbitration Choices:

Enterprises with investments from Hong Kong and Macau operating in the nine mainland GBA cities¹ (GBA Cities) can now choose Mainland China, Hong Kong or Macau as the arbitration seat for resolving commercial disputes. This flexibility will facilitate cross-border legal cooperation and provide businesses with tailored arbitration options.

2. World-Class Arbitration

Institutions: The guideline emphasises the construction of world-class arbitration institutions in Guangzhou and Shenzhen. It is hoped these centres will complement the establishment of international legal and dispute resolution service centres in Hong Kong and Macau. Unified arbitration rules and an online dispute resolution platform for the GBA are also in development to create a globally influential arbitration hub.

3. Innovative Arbitration Models:

To cater to emerging industries such as artificial intelligence, the digital economy, and life sciences, the guidelines promote the development of arbitration rules and business models aligned with new production forces. They also encourage the use of intelligent technology in arbitration, fostering efficiency and innovation in dispute resolution.

4. Integrated Arbitration and Litigation:

A platform connecting the judiciary and arbitration institutions will be established in the GBA Cities. This platform aims to streamline processes through online services, promoting seamless integration between arbitration and litigation.

5. Case Database and Awareness

Campaigns: A GBA arbitration and judicial review case database will be created to strengthen case guidance and public awareness. By publishing exemplary cases, the guidelines aim to encourage more parties to choose arbitration as their preferred dispute resolution method.

6. Shared Resources Across the GBA:

The guidelines support the creation of a shared roster of arbitrators across Guangdong, Hong Kong, and Macau. They also aim to establish international standards for arbitration secretaries, a shared pool of secretaries, and mechanisms for arbitrators to independently select secretaries. Enhanced information sharing and coordination between courts, administrative authorities, and arbitration institutions are also prioritised.

7. Talent Development and Training:

A unified talent development mechanism will be implemented to train arbitrators and arbitration secretaries. The GBA will establish training bases to provide joint training for judges and arbitrators. Hong Kong’s expertise in international legal talent training will play a pivotal role in fostering a new generation of arbitration professionals.

Impact on the GBA and beyond

The guidelines have the potential to significantly enhance the legal infrastructure of the GBA, making it a more attractive destination for international businesses. By integrating arbitration resources across Guangdong, Hong Kong, and Macau, the GBA aims to establish itself as a premier hub for international dispute resolution. The development of innovative arbitration platforms and the implementation of international standards will increase the credibility and competitiveness of China’s arbitration practices on the global stage. Additionally, the guidelines’ focus on talent development will aim to establish a steady supply of skilled arbitration professionals, further bolstering the region’s capacity to handle complex cross-border disputes.

Conclusion

The guidelines mark a significant step forward in enhancing international cooperation and promoting high-quality development in the GBA. By leveraging advanced arbitration mechanisms and shared resources, the region has the platform to become a leading example of legal innovation and global integration.

The guidelines are particularly relevant to HFW, which is uniquely positioned to assist businesses in navigating the evolving arbitration landscape in the GBA. HFW’s Shenzhen office (located in the modern services hub of Qianhai) opened in 2024 and is the firm’s 21st office worldwide. It is HFW’s third office in Greater China, following Hong Kong and Shanghai which opened more than 45 and 25 years ago respectively. With a strong presence in the region, HFW offers unparalleled expertise in cross-border dispute resolution, commercial arbitration, and international trade. The firm’s deep understanding of the legal frameworks in Mainland China and Hong Kong enables it to provide tailored solutions that align with the latest regulatory developments.

Anson Cheung, Trainee Solicitor, assisted in the preparation of this briefing.

Footnote

1. Guangzhou, Shenzen, Zhuhai, Foshan, Huizhou, Zhongshan, Jiangmen and Zhaoqing