Written Arbitration Agreement

Apr 07, 2023

As a general rule of arbitration, no dispute may bereferred to arbitration without a valid arbitration agreement between thedisputing parties. Therefore, it is strongly recommended that internationalentrepreneurs reach an arbitration agreement when entering into cooperationwith Chinese entities or individuals as litigat…

Sample Arbitration Clauses

Apr 16, 2023

In the event that a dispute cannot be resolved in good faith pursuant to Section 19 or where good faith negotiations do not take place due to concerns in relation to applicable statutes of limitations, either Party shall be entitled to refer the dispute to arbitration by serving written notice on the other Party, in whi…

Content of an Arbitration Agreement

Apr 05, 2023

An arbitration agreement may be an arbitration clausein a contract or a separate agreement reached in any other written formbefore or after the occurrence of a dispute whereby the parties agree and undertake to refer the dispute to arbitration. An arbitration agreement shall contain: (1) a manifestation of mutual assent…

Validity of an Arbitration Agreement

Apr 18, 2023

Valid Arbitration Agreement A request for arbitration must beaccompanied by a valid arbitration agreement reached between and by thedisputing parties in written form either before or after their dispute arises. Arequest for arbitration without a valid arbitration agreement will be rejectedby the arbitration commission. …

Independent Existence of an Arbitration Agreement

Apr 17, 2023

Arbitration Agreement out of the Free will

Apr 15, 2023

An arbitration agreement must bereached out of the free will of both disputing parties rather than underduress. An arbitration agreement reached entered into by a party under duressby the other party will be held to be invalid. According to Article 150 of the Civil Code, a party who commits a civil juristic act contrary…

Deemed Abandonment of an Arbitration Agreement

Apr 07, 2023

If a disputing party files a lawsuit with a people’s court without declaring the existence of an arbitration agreement and the case is admitted, the other disputing party must submit the arbitration agreement before the first hearing of the court and request that the case be dismissed. The people's court shall dismiss …

Validity of an Arbitration Agreement Signed by an Unauthorized Agent

Mar 25, 2023

The validityof arbitration agreements are governed by the provisions of The Civil Code pertaining to the validity of contracts. Therefore, an arbitration agreementsigned by an unauthorized agent on behalf of a disputing party is invalidunless the disputing party: (1) ratifies the arbitrationagreement; or (2) fails t…