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…

Date of effect of an Award in International Arbitration in China

Apr 20, 2023

In accordance with the Arbitration Law of the People’s Republic of China,an arbitration award shall take effect and become binding and legallyenforceable as of the date when it is made.

In What Cases Will a Request for Arbitration Be Rejected

Mar 12, 2023

A request for arbitration will be rejected if: 1. no written arbitration agreement hasbeen reached; 2. the arbitration agreement is held tobe invalid; 3. the disputing parties have reached awritten waiver of arbitration; 4. no arbitration institute has beenspecified; or 5. an award has been made for the samedispute ref…

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…

Vacation of a Re-arbitration Award

Apr 17, 2023

Vacation of an Award in International Arbitration Vacation of a Re-arbitration Award Where aparty challenges a re-arbitration award, he may file a petition with a people'scourt of competent jurisdiction for vacation within 6 months from the date ofservice of the re-arbitration award. Other provisions of The Arbitration …

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. …

Time Limitations in Arbitration in China

Mar 12, 2023

shallor may timelimitation Arbitrationcommission acceptor reject a request for arbitration within5 days of receipt Arbitrationcommission servea copy of the arbitration rules and roster of arbitrators on the claimant anda copy of the request for arbitration, arbitration rules, and roster ofarbitrators on the respondent w…

Independent Existence of an Arbitration Agreement

Apr 17, 2023