The Arbitration Law stipulates the requirements for the validity of an arbitration agreement, including formal and substantive requirements. However, in practice, the parties have agreed on various dispute resolution methods, which may give rise to disputes between the parties as to whether there is a valid arbitration agreement. When reviewing arbitration agreements, Chinese courts abandon the “one-size-fits-all” review model and flexibly apply the rules of contract interpretation to examine the parties’ arbitration agreement comprehensively to determine whether there is a valid arbitration agreement between the parties. This is a reflection of China’s pro-arbitration policy. In recent years, although there has been some controversy in judicial practice on certain specific issues, Chinese courts have developed a greater degree of uniformity in their decision-making on judicial review of arbitration agreements.

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Arbitration Agreement

  • Yifei Lin

摘要

The Arbitration Law stipulates the requirements for the validity of an arbitration agreement, including formal and substantive requirements. However, in practice, the parties have agreed on various dispute resolution methods, which may give rise to disputes between the parties as to whether there is a valid arbitration agreement. When reviewing arbitration agreements, Chinese courts abandon the “one-size-fits-all” review model and flexibly apply the rules of contract interpretation to examine the parties’ arbitration agreement comprehensively to determine whether there is a valid arbitration agreement between the parties. This is a reflection of China’s pro-arbitration policy. In recent years, although there has been some controversy in judicial practice on certain specific issues, Chinese courts have developed a greater degree of uniformity in their decision-making on judicial review of arbitration agreements.