Can a parent company and its subsidiaries refer their disputes to arbitration?

    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.

The answer is dependent on the legal status of the subsidiary.

Article 2 of the Arbitration Law of the People’s Republic of China states, "Disputes arising out of or in connection with contracts or over property rights or interests between individuals, legal entities, and/or other organizations of equal legal status may be referred to arbitration."

In accordance with the above provision and other applicable provisions, the following conditions must be satisfied if a parent company and its subsidiary intend to refer their disputes to arbitration:

1. The parent company and the subsidiary have equal legal status, i.e., they are registered as independent legal entities. Their affiliate relationship will be without prejudice to their legal status as independent legal entities;

2. They shall have entered into a valid arbitration agreement or clause in written form, either before or after the occurrence of the disputes to be arbitrated;

3. The disputes referred to arbitration shall be arbitrable, i.e., they must be disputes arising out of or relating to contracts between and by the parent company and the subsidiary or over property rights or interests between them, and shall not involve marriage, adoption, guardianship, child maintenance, inheritance, or issues subject to the jurisdiction of competent administrative authorities according to law. And such disputes must be covered under the arbitration agreement as the basis for reference to arbitration; and

4. A request for arbitration must be submitted to the one and only arbitration commission/institute agreed upon by the parent company and the subsidiary in the arbitration agreement; if two or more arbitration commissions/institutes are agreed upon or the arbitration agreement or clause is not express enough to determine a one and only arbitration commission/institute, the arbitration agreement or clause will be held invalid.

For the provisions and rules pertaining to legal entity, the form, content, validity/invalidity, abandonment, etc., of an arbitration agreement, please refer to other articles and papers on this website.


Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…
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