Can a railroad transport dispute be referred to arbitration?

The answer is positive.

The PRC Arbitration Law excludes two types of disputes from the jurisdiction of arbitration institutes, disputes over family and marital relations and disputes that fall under the jurisdiction of administrative authorities. In addition, disputes between employers and employees must first be arbitrated by the labor dispute arbitration commission of the competent bureau of human resources and social security before a lawsuit is filed.

The Railways Law of the People's Republic of China dated April 24, 2015 also states that a dispute arising from or in connection with a railway transport contract between the railway transporter and a shipper, consignee, or passenger may be resolved through mediation or arbitration.

As we can see, railroad transport dispute may be arbitrated by a commercial arbitration institute.

It should be noted that acceptance of such a dispute is conditional on a written arbitration agreement between the disputing parties. Such an agreement may be concluded either before or after the occurrence of the dispute to be arbitrated. An arbitration agreement is valid only if it specifies a specific arbitration institute.

If an arbitration agreement states that disputes arising thereunder may be resolved through litigation or arbitration, such an agreement is invalid. But if the defendant fails challenge the jurisdiction before the first hearing by the arbitration tribunal, it is deemed that the arbitration clause is valid and the parties choose to resolve their disputes through arbitration only.