The Shanghai Municipal Bureau of Justice issued a notice on June 25 allowing overseas arbitration institutions to establish offices in the city starting Aug 1.
Below is the guide on how to establish such offices.
1. Eligible applicants
(1) Non-profit arbitration institutions legally established in foreign countries, the Hong Kong Special Administrative Region, the Macao Special Administrative Region, or Taiwan.
(2) Arbitration and dispute resolution institutions engaged in arbitration activities, established by international organizations of which China is a member.
2. Application requirements
(1) The applicant institution must have been legally established and operational in its home jurisdiction for more than five years.
(2) The applicant institution must actively engage in substantial arbitration activities abroad and possess a strong international reputation.
(3) The proposed head of the office in Shanghai must have full civil capacity and must not have any criminal record.
The assessment of whether the applicant meets the criteria specified in item (2) will involve a comprehensive evaluation of factors such as the number of arbitration cases handled, the total value of disputes, the level of international engagement, and the institution's rankings in reputable international arbitration publications and rating agencies.
3. Application materials
(1) An application letter from the institution requesting establishment of an office in Shanghai.
(2) Documents proving the institution's legal establishment in its home country or region.
(3) Documents confirming the institution's consent to establish an office in Shanghai and its intention to appoint a head for the office.
(4) The institution's articles of association.
(5) A list of the members of the institution's decision-making body.
(6) A roster of arbitrators or a list of recommended arbitrators (if available).
(7) The institution's arbitration rules and fee schedule.
(8) A registration form for the proposed head and staff members of the office.
(9) Proof that the proposed head of the office has no criminal record.
(10) Identification documents for the proposed head and staff members of the office.
(11) Proof of the office premises.
(12) A power of attorney authorizing the handling the office registration by the attorney.
For arbitration institutions from the Hong Kong Special Administrative Region, the Macao Special Administrative Region, and Taiwan, the required materials must be submitted in accordance with the relevant procedures recognized by the Ministry of Justice.
For arbitration and dispute resolution institutions established by international organizations of which China is a member, the materials must be submitted following the legalization procedures recognized by China for foreign documents.
For foreign arbitration institutions submitting materials originating outside China, the documents must be notarized by a notary public or notary institution in the country of origin. If the country of origin is a signatory to the Convention Abolishing the Requirement of Legalization for Foreign Public Documents (the Convention), the notarized documents must include an apostille as stipulated by the Convention. If the country of origin is not a signatory to the Convention, or if the Convention does not apply between that country and China, the notarized documents must be authenticated by the Chinese embassy or consulate in that country. All notarized, authenticated, and certified materials must be submitted together.
4. Application and approval process
(1) Application
Eligible overseas arbitration institutions seeking to establish an office in Shanghai must submit an application letter and supporting materials to the Shanghai Municipal Bureau of Justice (Shanghai Public Legal Service Center, Tel: 021-5389-9700).
The application materials must be signed, stamped, prepared in duplicate and bound in the order specified in this guide. If any documents are in a foreign language, they must be accompanied by a Chinese translation, with the Chinese version prevailing in case of discrepancies.
Overseas arbitration institutions planning to apply for office establishment are encouraged to consult the Shanghai Municipal Bureau of Justice in advance for guidance on application requirements and materials. The relevant departments within the bureau provide services and guidance on application requirements, required materials, and the approval process.
(2) Review
The Shanghai Municipal Bureau of Justice will promptly accept applications that are complete and comply with legal formalities, and issue a notice of acceptance as to formalities. If the application materials are incomplete or do not meet the required legal formalities, the bureau will notify the applicant of all necessary corrections within five days of receiving the application materials.
The bureau will complete the review and decide whether to grant registration within 20 days of accepting the application. If a decision cannot be made within this period, the bureau may extend the review by up to 10 days with the approval of its head, informing the applicant of the reason for the extension.
(3) Issuance of certificate
Within seven working days of deciding to grant registration, the Shanghai Municipal Bureau of Justice will report the decision to the Ministry of Justice for record-keeping. The registration certificate will be issued after the Ministry of Justice assigns a unified social credit code.
(3) Record filing
After obtaining the registration certificate, the office must promptly submit copies of the tax registration documents, along with seal specimens, bank account information, proof of office premises, and evidence of funding, to the Shanghai Municipal Bureau of Justice for record-keeping.
Scan the QR code below to view the full application guide and attachments in Chinese.
Sources: Shanghai Municipal Development and Reform Commission, Shanghai Municipal Bureau of Justice
Note: The English version is for reference only; the official Chinese document shall prevail.