Arbitrability refers to whether a dispute can be resolved through arbitration. In terms of subjective arbitrability, Article 2 of the Arbitration Law limits the eligible parties to “citizens, legal persons, and other organizations of equal standing.” As for objective arbitrability, Articles 2 and 3 of the Arbitration Law explicitly exclude administrative disputes from the scope of arbitrable matters. This chapter primarily discusses the arbitrability of administrative disputes and tort disputes, among others. Generally, the fundamental distinction between an administrative agreement and a civil contract lies in their purposes: an administrative agreement is concluded to achieve administrative or public service objectives and to fulfill administrative duties, whereas a civil contract is entered into to realize the private interests of the contracting parties. However, in practice, the government may also act as a party to a contract with citizens, legal persons, or other organizations, establishing equal rights and obligations and stipulating arbitration as the dispute resolution mechanism.

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Arbitrability

  • Yifei Lin

摘要

Arbitrability refers to whether a dispute can be resolved through arbitration. In terms of subjective arbitrability, Article 2 of the Arbitration Law limits the eligible parties to “citizens, legal persons, and other organizations of equal standing.” As for objective arbitrability, Articles 2 and 3 of the Arbitration Law explicitly exclude administrative disputes from the scope of arbitrable matters. This chapter primarily discusses the arbitrability of administrative disputes and tort disputes, among others. Generally, the fundamental distinction between an administrative agreement and a civil contract lies in their purposes: an administrative agreement is concluded to achieve administrative or public service objectives and to fulfill administrative duties, whereas a civil contract is entered into to realize the private interests of the contracting parties. However, in practice, the government may also act as a party to a contract with citizens, legal persons, or other organizations, establishing equal rights and obligations and stipulating arbitration as the dispute resolution mechanism.