What should an arbitration clause include?
The Chinese Arbitration Law is unique in providing statutory requirements for arbitration clauses.
Under the Chinese Arbitration Law, a valid arbitration must include:
(a)intention of the parties to submit disputes to arbitration;
(b)disputes to be submitted to arbitration;
(c)choice of arbitration commission.
If any of these three elements are missing or not clearly stipulated, application for arbitration will be rejected by arbitration commission.
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