China’s Regulations on Commercial Mediation to come into effect 1 May 2026

28 January 2026

Chinese Premier Li Qiang recently signed a State Council decree promulgating the Regulations on Commercial Mediation (“Regulations”) which will come into effect on 1 May 2026.

The Regulations aim to standardise commercial mediation activities, effectively resolve commercial disputes, protect the legitimate rights and interests of the parties involved, promote the development of the commercial mediation industry, and optimise the business environment.

This article provides a brief overview of key aspects of the Regulations.

Scope of commercial mediation

The Regulations provide that commercial disputes arising between parties in the fields of trade, investment, finance, transportation, real estate, engineering construction, and intellectual property are subject to commercial mediation. At the same time, the Regulations also clarify that disputes concerning marriage and family, inheritance, guardianship, labour and personnel, consumer rights, and disputes that should be resolved by other means according to law are not subject to commercial mediation.

Management system for commercial mediation work

The Regulations provide that the judicial administration department of the State Council is responsible for guiding and regulating commercial mediation work nationwide and for the overall planning of the development of the commercial mediation industry; the judicial administration departments of local people’s governments at or above the county level are responsible for guiding and regulating commercial mediation work within their respective administrative regions; and self-regulatory organisations in the commercial mediation industry conduct industry self-regulation in accordance with laws, regulations, and their charters.

Requirements for mediation organisations

The requirements for the establishment, management, and operation of commercial mediation organisations are set out in the Regulations, including the qualifications that commercial mediation organisations and mediators should have. Commercial mediation organisations will be required to establish internal management systems for business management, conflict of interest review, and complaint handling, and to promptly disclose to the public information such as their articles of association, roster of commercial mediators, and mediation rules.

Commercial mediation

The Regulations provide that commercial mediation activities should adhere to the principles of voluntariness, legality, good faith, and confidentiality. Commercial mediators should remain neutral, diligent, and responsible during the mediation process, abide by professional ethics and conduct norms, and fulfil their confidentiality and disclosure obligations. Following a successful mediation, parties may apply for judicial confirmation of the commercial mediation agreement in accordance with the law.

Promotion of commercial mediation

The Regulations include provisions for promoting the development of the commercial mediation industry, including obligations upon the State to:

• cultivate internationally influential commercial mediation organisations and enhance their international competitiveness;
• support commercial mediation organisations in carrying out foreign-related commercial mediation activities; and
• encourage commercial mediation organisations and industry self-regulatory organisations to conduct international exchanges and cooperation, participate in the formulation of international commercial mediation rules, and strengthen the training of international commercial mediation personnel.

Reference materials

The press release and the Regulations on Commercial Mediation are available at China’s Ministry of Justice website www.moj.gov.cn and Ministry of Ecology and Environment website www.mee.gov.cn respectively.