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People's Republic of China the Supreme People's Court announcement
The Supreme People's Court, on the application problems of interpretation of thearbitration law of the people's Republic of China on December 26, 2005, the Supreme People's Court tried the 1375th meeting, the Committee adopted, promulgated and come into force on September 8, 2006.
The August 23, 2006
Supreme People's Court on several issues concerning the application of the arbitration law of the people's Republic of China explained
(December 26, 2005 the Supreme People's Court tried the 1375th meeting, the Committee adopted)
Method of release (2006), 7th
In accordance with the arbitration law of the people's Republic of China and the legal provisions of the civil procedure law of the people's Republic of China, the people's Court trial arbitral case law applicable to a number of issues as follows:
Of the first arbitration law article 16th "other writing" arbitration agreements, including contract, letter or electronic message (including telegram, telex, fax, electronic data interchange and e-mail) the arbitration agreement forms.
Article II the parties generally agree matters of arbitration for contract dispute, change, transfer, contract, its validity, performance, breach, interpretations, disputes can be identified as of the dissolution of arbitration.
Arbitration agreement an arbitration institution names are not accurate, but can identify the specific arbitral institutions, they shall be deemed selected arbitration institutions.
Article fourth contract disputes only the applicable arbitration rules of the arbitration agreement, as does not specify an arbitration institution, the parties reach a supplementary agreement or in accordance with the arbitration rules to determine the arbitration except as agreed upon.
Fifth the arbitration agreement by two or more arbitral bodies, parties may agreeto choose an arbitration institution for arbitration; the parties cannot agree on thearbitration institution selecting, the arbitration agreement is invalid.
Article sixth of an arbitration agreement agree that the arbitration organization forarbitration and the only one arbitration, arbitration of the arbitration agency as agreed by the Agency. That has two or more arbitral institutions, parties may agree to choose an arbitration institution for arbitration; the parties cannot agree on thearbitration institution selecting, the arbitration agreement is invalid.
Article seventh Party Convention disputes can apply for arbitration to the arbitration body may also bring a lawsuit, the arbitration agreement is invalid. But a party to the arbitration institution for arbitration, the other party in the arbitration law article 20th except for the objection within the period specified in paragraph.
Eighth after the parties conclude an arbitration agreement, merger, Division, arbitration agreement the rights and obligations of the following people.
After the death of the parties conclude an arbitration agreement, inherits its arbitration arbitration agreement valid heir to the rights and obligations in the matter.
The circumstances set forth in the preceding two paragraphs, except where otherwise agreed by the parties conclude an arbitration agreement.
Nineth debtor-creditor transfers all or part of, the arbitration agreement is effective as against the assignee, unless the parties have agreed, in the debt when the assignee explicitly oppose or don't know except that a separate arbitration agreement.
Tenth after the establishment of a contract has not entered into force or has beenrescinded, the determination of the validity of arbitration agreements apply the provisions of arbitration law article 19th.
Parties at the time the contract disputes concluded an arbitration agreement, the contract does not affect the validity of the arbitration agreement was not established.
11th contract dispute resolution applicable to other contracts, file a valid arbitration clause, when there is a contract dispute, the Parties shall, in accordance with thearbitration clause to go to arbitration.
Contract arbitration provisions of the relevant international treaties should be applied, when there is a contract dispute, the Parties shall, in accordance with the international arbitration of the arbitration provisions in the Treaty.
12th case to apply to the Court to confirm the validity of arbitration agreements by the parties, the arbitration agreement governed by the intermediate people's Court of the place of Arbitration; Arbitration of the arbitration agreement is not clear,the arbitration agreement or jurisdiction of the intermediate people's Court of thedomicile of the applicant.
Application cases confirm the effectiveness of the arbitration agreement, the arbitration agreement, the place of arbitration, the arbitration agreement signed and the jurisdiction of the intermediate people's Court of the domicile of the applicant orthe respondent.
Cases involving maritime disputes the validity of arbitration agreements, and the arbitration agreement, the place of arbitration, the arbitration agreement signed, the applicant or the maritime jurisdiction of the courts of the domicile of the applicant; these locations without a maritime Court, by the nearest maritime jurisdiction of the Court.
13th 20th article in accordance with the arbitration law provides that before the first hearing by the Arbitration Tribunal by the parties has no objection to the validityof the arbitration agreement, and then apply to the Court to confirm the arbitration agreement is invalid, the people's Court shall not accept.
After the arbitration decision on the validity of the arbitration agreement, parties to apply to the Court to confirm the validity of arbitration agreements or apply forrevocation of the Arbitration Board's decision, the people's Court shall not accept.
14th the arbitration law article 26th "first hearing" refers to the people's Court for the first time after the expiry of reply trial does not include pre-trial activities in theprogram.
15th the validity of arbitration agreements to confirm people's court case, shall form a collegial panel to review and asked the party.
16th review of the effectiveness of the arbitration agreement, application of the law the parties agree; the parties do not agree to the applicability of the law but agreed to the arbitration, applicable law of the arbitration; did not agree to the applicability of legal or arbitration or arbitration agreement is uncertain, the applicationof the law of the Forum.
58th 17th parties not part of the arbitration law or civil procedure apply for revocation provided for in law No. 260 of arbitral court shall not support.
18th arbitration law article 58th of the first paragraph of article "the absence of anarbitration agreement" refers to the arbitration agreement has not been reachedby the parties. The arbitration agreement is found to be invalid or revoked, as absence of an arbitration agreement.
19th party to arbitral matters beyond the scope of the arbitration agreement or apply for the dismissal decisions, after reviewing the case, Super cut part of the Court shall set aside the arbitration award. But cutting subsidiary and other decisionscannot be divided, the people's Court shall set aside the arbitration award.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311