In the context of economicglobalization, international commercial arbitration is a rapid and efficientmechanism to solve economic and commercial disputes between parties fromdifferent countries and regions and has been more and more widely applied toresolve their legal disputes. International commercial arbitrationin th…
According to Article 49 of the ArbitrationLaw, the disputing parties may reach a settlement on their own initiative inarbitration. In such a case, they have two options: to request the arbitraltribunal to make an award according to the settlement agreement or withdraw therequest for arbitration. In nature, this means th…
If parties to international commercial and trade relations fail to resolve their disputes through negotiation and mediation, they may resort to either arbitration or litigation. Once they enter into a valid arbitration agreement, they waive their rights to file a lawsuit (see Article 5, Attachment 5: The Law of Choice o…
Scope of Arbitration - Equal LegalStatus Arbitration only resolves disputesbetween parties of equal legal status, i.e., individuals, legal entities,and/or other organizations of equal legal status arising out of or inconnection with contracts or over property rights or interests (see Article 2, The Arbitration Law of th…
The answer is positive.The PRC Arbitration Law excludes two typesof disputes from the jurisdiction of arbitration institutes, disputes over familyand marital relations and disputes that fall under the jurisdiction ofadministrative authorities. In addition, disputes between employers and employeesmust first be arbitrated…
Is a dispute over a partnership agreement arbitrable?Yes. Provided that there must be a valid arbitrationagreement or arbitration clause pertaining to such partnership agreement.A dispute over a partnership agreement falls withinthe scope of arbitrable disputes stipulated in Article 2 of The Arbitration Law,i.e., “dis…
In addition to the status of disputingparties, the scope of disputes that can be arbitrated is also limited. Article2 of The Arbitration Law generallydescribes the scope of arbitrable disputes as “disputes arising out of or inconnection with contracts or over property rights or interests”. And if theparties summarily …
In accordance with The Arbitration Law of the People’s Republic of China, the following two types of disputes may not be referred to arbitration:(1) disputes over marriage, adoption, guardianship, child maintenance, or inheritance; and(2) disputes over administrative issues subject to the jurisdiction of competent admi…
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