Are Disputes ​over Consumers’ Interests Arbitrable

Are Disputes over Consumers’ Interests Arbitrable

The answer is yes.

The Arbitration Law excludes two types of disputes from arbitration, i.e., disputes relating to family, marriage, adoption, succession, and other issues involving personal relationship, and disputes over administrative issues that fall under the jurisdiction of competent government authorities. Except the above types of disputes, any and all other disputes can be referred to arbitration if a valid written arbitration agreement is entered into between the disputing parties.

And in accordance with Article 39 of the Consumers' Rights and Interests Protection Law, a consumer may choose to refer their disputes with a business over the consumer's rights and interests to the arbitration institute agreed upon by them.

If the consumer is a minor or a person without full capacity for civil acts as specified under the Civil Code, their guardian may represent them in reaching an arbitration agreement and participating in arbitration.