中国海事商事仲裁资讯2026年第1季度,2026Q1

China Newsletter on Maritime and Commercial Arbitration (CHNOMACA)

Formal Release of China’s Regulations on Commercial Mediation

FROM:CMAC | 2026-01-06

On January 6, 2026, Premier LI Qiang signed a State Council decree on promulgating the Regulations on Commercial Mediation (Regulations) which will take effect on May 1, 2026.

The Regulations set out requirements for the establishment, management, and operation of commercial mediation organizations, and the basic rules for commercial mediation:

(a) clarifying the conditions and procedures required for establishing commercial mediation organizations, stressing the independent legal status of commercial mediation organizations, and specifying the qualifications of commercial mediation organizations and mediators; 

(b) requiring commercial mediation organizations to establish internal management systems for interest conflict review, and complaint handling, and to promptly disclose to the public necessary information such as their articles of association, list of commercial mediators, and mediation rules;

(c) clarifying that commercial mediation must follow the basic principles of party autonomy, legality, good faith and confidentiality;

(d) regulating that commercial mediators shall remain neutral and diligent in the mediation, and abide by the code of ethics and professional conducts, as well as following the confidentiality and disclosure obligations; and

(e) clarifying that commercial mediation organizations may charge fees for commercial mediation services, with publicly available fee standards in accordance with the principles of fairness and reasonableness.

(Source: Ministry of Justice)