After the disputing parties have reached an arbitration agreement,they have two options: arbitration or lawsuit.Generally, the disputing parties have to refer theirdisputes to arbitration according to the arbitration agreement unlessthe arbitration agreement is held invalid for any of the followingreasons:(1) the issues…
In case of a dispute over the validityof an arbitration agreement, the disputing parties may request the arbitrationcommission designated or a people’s court of competent jurisdiction todetermine whether it is valid. And a people’s court has priority over anarbitration commission in this respect, i.e., the decision wi…
If the parties agree that they may resolvetheir disputes through either arbitration or litigation, the arbitrationagreement or arbitration clause shall be deemed invalid. Provided, however, that the arbitrationagreement shall be deemed valid if either party files a request for arbitrationwith an arbitration institution …
When hearing a case for determination of thevalidity of an arbitration agreement, the people's court shall appoint acollegial panel to review the case and make inquiries of the parties. The review of the validity of aninternational arbitration agreement shall be governed by the law agreed upon bythe parties, or the law …
An arbitration agreement is deemed invalidif: (1) the issues to be arbitratedagreed upon under the arbitration agreement are beyond the scope of arbitrationspecified by law; Disputes that may not be referred toarbitration include: a. disputes over marriage, adoption, guardianship, child maintenance, orinheritance…
Where a party challenges thevalidity of an arbitration agreement, he may request the arbitration commissionto make a decision or a people's court of competent jurisdiction to make anorder. A challenge over the validity of an arbitration agreement must be filedbefore the arbitral tribunal proceeds with the first hearing.…
Coercion in Reaching an Arbitration AgreementAccordingto the Arbitration Law, an arbitration agreement shall be reached out of thefree will of both parties rather than under coercion. And an arbitrationagreement reached by a party under coercion by the other party shall be heldinvalid.What iscoercion and under what circ…
If a party to an arbitration agreement dies in the case of an individual, or is terminated in the case of an entity, after the conclusion of the arbitration agreement, the arbitration agreement shall be binding on the successor of such party's rights and obligations, unless otherwise agreed by the parties to the arbitra…
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