Majority Opinion in Rendering an Award in International Arbitration in China

Majority Opinion in Rendering an Award in International Arbitration in China

According to the Arbitration Law of the People’s Republic of China, an arbitration award shall be made based on the opinions of all the three arbitrators in the case of a three-arbitrator tribunal. If they cannot reach a majority opinion, the award shall be based on the opinion of the chief/presiding arbitrator.

The dissenting arbitrator may agree or refuse to have his opinion recorded in the transcript or written record.

Any dissenting opinion constitutes a part of the award in the case of a majority opinion, and does not constitute a part of the award in the absence of a majority opinion.

And the dissenting arbitrator may also agree or refuse to sign the award.