Ma Xiaoxu, Supreme People’s Court senior judge
Following the revision of China’s arbitration law, the Supreme People’s Court will improve the judicial review mechanism for and expand the influence of arbitration, a top court judge says.
Supreme People’s Court senior judge Ma Xiaoxu revealed plans for the review at the ADR in Asia Conference held by Hong Kong International Arbitration Centre on 22 October.
A month after the revised Arbitration Law was passed on 12 September 2025, Ma introduced highlights of the revision to more than 100 domestic and international dispute resolution lawyers at the conference and shared the court’s upcoming initiatives.
She said, “In the future, the Supreme People’s Court will further refine the judicial review mechanism for the judicial review of arbitration, including ensuring the uniform application of the law, striving to continuously improve the quality, efficiency and professionalism of judicial review.”
The Supreme People’s Court will assist commercial arbitration centres from other jurisdictions in establishing branches in China, and encourage dialogue between arbitration institutions and the judiciary to enhance the credibility and influence of arbitration.
This year marks the 40th anniversary of the Hong Kong International Arbitration Centre (HKIAC) and the 14th Hong Kong Arbitration Week. Ma said, “The HKIAC has made outstanding contributions to the achievement of international arbitration.” She added that arbitration was the cornerstone for alternative dispute resolution, promoting international economic and trade co-operation and creating an internationally competitive business environment.
Mimmie Chan, Court of First Instance of the High Court
Mimmie Chan, judge of the Court of First Instance of the High Court, addressed arbitrators’ “due process paranoia” on stage, and spoke about the principles and boundaries applied by Hong Kong courts when enforcing arbitral awards.
“The function of the court is not to scrutinise the procedural details of arbitration nor to examine the correctness of the tribunal’s decision, but to intervene only when there has been serious judicial unfairness in the arbitral award,” she said. “Only serious breaches, which cause prejudice, will be remedied.”
Citing a recent case, an arbitrator had fallen asleep several times for 10 to 15 minutes during a hearing, but Chan, as the presiding judge, did not approve the application to remove the arbitrator. She explained, that an objective, fair-minded and informed observer would not have inferred or concluded that the arbitrator had fallen asleep because he was biased against one of the parties. Under the Model Law, an arbitrator may be challenged only when there are justifiable doubts as to the arbitrator’s impartiality or independence.
“Given the court’s respect for the autonomy of the tribunal by its generous reading of awards, there is therefore no cause for concern for due process paranoia,” said Chan.
In addition to judges from mainland China and Hong Kong, the HKIAC also invited arbitrators from across the globe to share development of HKIAC, ICC and dispute resolution practices. The event attracted more than 300 legal professionals, including leading arbitration practitioners from China and abroad.
The event attracted more than 300 legal professionals to participate
This year’s Hong Kong Arbitration Week, themed “40 Years of Innovation and Excellence: Celebrating the Past, Embracing the Present, Shaping the Future of International Arbitration”, featured more than 40 affiliated events covering topics such as technology, tariffs, sanctions and ESG issues.
