Challenge over the Validity of an Arbitration Agreement

Where a party challenges the validity of an arbitration agreement, he may request the arbitration commission to make a decision or a people's court of competent jurisdiction to make an order. A challenge over the validity of an arbitration agreement must be filed before the arbitral tribunal proceeds with the first hearing.

If a party fails to challenge the validity of an arbitration agreement before the first hearing of the arbitral tribunal and files a petition with a people's court for determination of the validity of the arbitration agreement, the people's court will reject the petition.

After an arbitration commission has made a decision on the validity of an arbitration agreement, neither party may request a people's court for determination of the validity of the arbitration agreement or vacation of the decision of the arbitration commission, and any such request will be rejected.

"First hearing" refers to the first hearing organized by the arbitration commission after the period for the respondent to file an answer or a statement of defense expires, excluding all activities in the pre-hearing procedure.