Resolution of Economic Disputes: Administrative Reconsideration
Resolution of Economic Disputes: Administrative Reconsideration
(III) Economic arbitration institutions
1. Arbitration commissions
An arbitration commission refers to an institution established in accordance with the law and exercising the power to arbitrate civil and commercial disputes within a scope specified in arbitration agreements. An arbitration commission is established by the competent authority and the chamber of commerce as organized by the people's government of a municipality or city divided into districts. An arbitration commission is independent of, rather than subordinate to, any administrative authority. Therefore, it is a social organization as a legal entity with a civil nature.
An arbitration commission to be registered shall: ① have a name, a domicile, and articles of association; ② possess the necessary property; ③ have members of the arbitration commission. An arbitration commission shall consist of one chairman, two to four vice-chairmen, and seven to eleven other members. The chairman, vice-chairmen, and other members of an arbitration commission shall be legal, economic, and trade experts and persons with practical work experience. Wherein, no less than two-thirds of the members of an arbitration commission shall be legal, economic, and trade experts; and ④ have engaged arbitrators.
According to the Arbitration Law, a qualified arbitrator shall have worked in the arbitration profession or as a lawyer or judge for at least 8 years, have been engaged in legal research and teaching and hold a senior professional title, or have knowledge of law, have been engaged in economic, trade or other professional work, and hold a senior professional title or a title of equivalent professional level.
2. Arbitration associations
The Arbitration Association is a social organization formed by arbitration institutions for self-management, self-education, and self-service in order to jointly develop and maintain the arbitration industry. The China Arbitration Association shall be a social organization as a legal entity. The articles of association of the China Arbitration Association shall be developed by the national membership assembly. The China Arbitration Association is a self-regulatory organization of arbitration commissions, and an arbitration commission is a member of the China Arbitration Association. The China Arbitration Association shall develop arbitration rules in accordance with the Arbitration Law and the applicable provisions of the Civil Procedure Law. The China Arbitration Association shall be responsible for overseeing the performance of functions and duties by arbitration commissions and their members and arbitrators in accordance with their articles of association to discover noncompliant practices.
The relationship between the China Arbitration Association and its subordinate arbitration commissions is as follows: ① An arbitration commission is a member of the China Arbitration Association, which is a self-disciplinary organization of arbitration associations, and there is an organizer-member relationship between them. As members of the China Arbitration Association, all arbitration commissions should strictly abide by its articles of association and disciplinary regulations; ② The China Arbitration Association is a supervisor of all arbitration commissions. The China Arbitration Association has the right to supervise the performance of functions and duties by arbitration commissions and their members and arbitrators.
Robert Zhang 
Steve Li 