Arbitration Institutions
摘要
Traditionally, China’s arbitration system has been developed mainly based on the practice of arbitration institutions. For a long time, there has been no ad hoc arbitration system in China. In the case of arbitration agreements, the validity of the arbitration agreement will be challenged if the agreement on the arbitration institution is not considered to be clear. According to the provisions of the Arbitration Law, the arbitration agreement shall contain the arbitration institution selected by the parties; otherwise, the parties may supplement the agreement. However, if no supplementary agreement is reached, the arbitration agreement shall be invalid. Accordingly, in China, a clear and specific arbitration institution is one of the essential elements of an effective arbitration agreement. However, if two or more arbitration institutions are selected in the arbitration agreement, it will not be directly deemed as “unclear”. Article 5 of Arbitration Law Interpretation further stipulates that if the arbitration agreement stipulates two or more arbitration institutions, the parties may choose one of them to apply for arbitration by agreement. If no agreement can be reached, the arbitration agreement is therefore null and void.