An arbitration agreement is independent and generally binds only the signatories. According to Article 4 of the Arbitration Law, upon a prima facie review, if the party initiating arbitration fails to provide a valid arbitration agreement, the arbitration proceeding may not be able to commence. However, considering the values of fairness and efficiency, under certain circumstances, non-signatories to the arbitration agreement may be bound by the arbitration agreement as a result of a particular act or legal relationship. They may become eligible parties to the arbitration proceedings. Such situations are also referred to as extensions of the validity of the arbitration agreement.

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  • Yifei Lin

摘要

An arbitration agreement is independent and generally binds only the signatories. According to Article 4 of the Arbitration Law, upon a prima facie review, if the party initiating arbitration fails to provide a valid arbitration agreement, the arbitration proceeding may not be able to commence. However, considering the values of fairness and efficiency, under certain circumstances, non-signatories to the arbitration agreement may be bound by the arbitration agreement as a result of a particular act or legal relationship. They may become eligible parties to the arbitration proceedings. Such situations are also referred to as extensions of the validity of the arbitration agreement.