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SPC Supports the Arbitration award made by a Foreign Arbitration Institution in China

China Insight - Dispute Resolution

15/08/2014

“Any dispute arising out of or in connection with the contract or over its validity shall be submitted for arbitration to the International Chamber of Commerce. The place of arbitration shall be Shanghai, China. All arbitration proceedings shall be conducted in English language”.

The above sentences have been widely used in arbitration agreements under China-related contracts although the validity of such agreement is uncertain. Many foreign enterprises in China insist on including the said arbitration agreement in their contract with the Chinese partners for two major reasons: a) They want to engage an international arbitration institution which, as they think, will hold a more objective and unbiased position; and 2) To be geographically convenient, they wish to carry out the arbitration procedures in China.

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China Insight - SPC Supports the Arbitration award made by a...
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Authors

Lichtenstein
Dr. Falk Lichtenstein
Partner
Beijing
Picture of Cyndi Cao
Cyndi Cao, LL.M.