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Where the arbitration clause is stipulated exclusively in the principal contract but not in the suretyship contract, and the surety signs only the suretyship contract but not the principal contract, even if the principal contract explicitly stipulates that the suretyship contract is an integral part of the principal contract and the surety has known the arbitration clause in the principal contract, the arbitration clause in the principal contract is not binding on the surety provided that there exists no expression of intent to request arbitration from the surety.

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EEI Co., Ltd. and EEI New Energy Technology (Tianjin) Co., Ltd. v. Beijing Wanyuan Industry Co., Ltd.

  • 章节

  • 发表日期：

    2025年

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  • Hongyu Chen,
  • Ling Ren

摘要

Where the arbitration clause is stipulated exclusively in the principal contract but not in the suretyship contract, and the surety signs only the suretyship contract but not the principal contract, even if the principal contract explicitly stipulates that the suretyship contract is an integral part of the principal contract and the surety has known the arbitration clause in the principal contract, the arbitration clause in the principal contract is not binding on the surety provided that there exists no expression of intent to request arbitration from the surety.