Introduction To Arbitration Agreement

    A.仲裁協議的形式 

The arbitration agreement must be in written form.

One is made by the parties before the dispute occurs, which means that once a dispute arises, it should be submitted to arbitration, usually a clause in the contract, which is called the arbitration clause.

The other is the agreement made by the two parties after the dispute has occurred, which means that they agree to submit the disputes that have occurred to arbitration.

    B.仲裁協議的作用

The arbitration agreement indicates that both parties are willing to submit their disputes to the arbitration agency for arbitration, and neither party shall bring a lawsuit to the court.

The arbitration agreement is also the basis for the arbitration institution to accept the case, and no arbitration institution has the right to accept a case without written arbitration agreement.

The arbitration agreement also excludes the jurisdiction of the court in the relevant cases. Generally, the laws of various countries stipulate that the court does not accept the dispute cases of arbitration agreement between the two parties, including the appeal of the parties to the arbitration award.

     C.仲裁協議的內容

Generally, it should include the place of arbitration, the arbitral body, the arbitration procedure, the validity of arbitration award and the burden of arbitration fees.

The place of arbitration is the most important issue in the agreement.

Because the place of arbitration is closely related to the applicable procedure of arbitration and the substantive law applicable to the dispute of contract.

They are usually applicable to the arbitration law and substantive law in the countries where the arbitration is located.

The place of arbitration in the import and export trade contract of our country generally adopts the following three methods:

And strive to stipulate arbitration in China.

It is sometimes stipulated in the state where the defendant is located.

The arbitration is stipulated in a third country agreed by both parties.

Since most enterprises in China lack the ability to appeal abroad, they should strive to arbitrate in China.

The arbitral award is final and binding on the parties concerned, and no request for change of the award is made to any institution.

The burden of arbitration fees may be specified in the agreement, usually borne by the losing party, or arbitral tribunal.