All China Lawyers' Association, Lawyers' Participation in Arbitration Work Rules

Published: December 6 2001

Main contents: When accepting to act as a legal representative in an arbitration case, a lawyer shall verify whether the arbitration agreement satisfies the relevant conditions and shall make it clear to the client that the arbitration will be final (except in the case of labour arbitration) (Articles 6 and 8). After accepting the case, the lawyer may refuse to act for the client if the client is using the lawyer's services for illegal activities or is covering up material facts (Article 11). The lawyer, on the other hand, shall not contact in private or give gifts to the arbitrators of the case, nor shall he instruct or induce the client to bribe the arbitrators (Article 15). If any investigation is required in the case, it shall be conducted by two persons (Article 18). The lawyer has the obligation to remind the client of and assist the client in verifying whether there are circumstances that require an arbitrator to recuse himself (Article 26). The Rules also set out other due diligence work for the lawyer in handling arbitration cases, such as pre-hearing briefings to clients, proper documentation and review of arbitration awards (Articles 28, 31 and 35).

Related legislation: PRC, Arbitration Law, Aug 31 1994, CLP 1994 No.9 p23 and PRC, Lawyers Law (Amended), Oct 28 2007, CLP 2007 No.10 p83