Validity of an Arbitration Agreement Signed by an Unauthorized Agent The validity of arbitration agreements is also governed by the provisions of The Civil Code pertaining to the validity of contracts. Therefore, if an unauthorizedagent enters into an arbitration agreement in the name of a disputing party, thearbitratio…
If movable property is used asevidence, the original object must be submitted. But its replica, videomaterials, or other substitute may be provided if the original object isunsuitable for handling or preservation. In such a case, the replica, videomaterials, or other substitute will be subject to inspection to verify th…
A witness's testimony will be determinedthrough a comprehensive analysis of the witness's intelligence, moralcharacter, knowledge, experience, legal awareness, professional skills, andother relevant factors.
If electronic data is used asevidence, the original data must be submitted. And a copy made by the producerof the electronic data that is consistent with the original, or a printed copyor other displayable and identifiable output media that is directly derivedfrom the electronic data, shall be deemed an original of the …
A disputing party may file a petition forpreservation of evidence to the arbitration commission if he believes that anyevidence may be destroyed or become difficult to obtain.In international arbitration in China, thearbitration commission that receives a petition for preservation of evidenceshall refer the petition to …
Whether in litigation or arbitration,either party may request the other party to surrender any evidence that isunder the control of the opposite party, and the opposite party is obliged tosurrender such evidence.If the other party who controls theevidence refuses to surrender, the requesting party may submit a petition …
Where the arbitral tribunal deems it necessary to have a specialized issue appraised, it may submit the issue for appraisal by an appraisal entity agreed upon by the parties or designated by the arbitral tribunal.At the request of either party or the arbitral tribunal, the appraisal entity shall designate an appraiser t…
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…
China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
Email: elitelawyers@outlook.com
My blog: http://shanghailawfirm.net/
Robert Zhang 
Steve Li 