Arbitration Agreement out of the Free will

An arbitration agreement must be reached out of the free will of both disputing parties rather than under duress. An arbitration agreement reached entered into by a party under duress by 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 to its true intention under duress by another party or a third party may file a petition with the people's court or an arbitration institution to revoke the act. Therefore, an arbitration agreement concluded under duress or coercion may be revoked if the party adduces evidence to prove duress or coercion.

In summary, a request for arbitration must be accompanied by a valid arbitration agreement, which must be in written form and entered into of the free will of the parties; the disputes referred to arbitration must be arbitrable; and a specific arbitration commission must be designated.