Our China International Arbitration Lawyers are membered by professional international lawyers registered and practicing in Shanghai， China. We have represented hundreds of clients in international legal services and published tens of legal works.
Q: What should a disputing party do if he intends to refer a dispute to arbitration but hasn’t reached an arbitration agreement?
A: The only option is to reach a written arbitration agreement with the other party before filing a request for arbitration as a written arbitration agreement is a prerequisite for arbitration according to the Arbitration Law.
If the parties fail to reach an arbitration agreement, the dispute may be settled only through negotiation, mediation, or litigation.
It should be noted that the dispute must be arbitrable, i.e., it shall be a dispute arising out of or relating to a contract or over property or economic rights or interests of the parties, and shall not involve family, adoption, or succession, or issues that fall under the jurisdiction of administrative authorities.
Robert Zhang 
Steve Li 