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China (& Hong Kong)
Although the General Secretariat of the Institute of Arbitration is based in Brussels, adminsitrative center of Europe, many national arbitration committees seat in the Netherlands with only the follow-up of the procedures from Brussels.
International Conventions & Treaties
- New York Convention, 1958
- Geneva Convention, 1961
- Washington Convention, 1965
- Energy Charter Treaty, 1994
- Arbitration Law of the People's Republic of China
No offshore arbitration
- When the parties to the Agreement are Chinese legal persons and the subject matter is in China and there is no foreign related factor in the dispute, in this regard, Chinese law shall be applied to determine whether the arbitration clause is effective.
- As per Art. 271 of Civil Procedure Law of PRC and Art. 128 of Contract Law of PRC, Chinese law does not grant the parties the right to refer dispute to foreign arbitration commissions if the case has no foreign related factors. Therefore, an arbitration clause in the Agreement for a dispute in China between chinese parties is void. Although the parties have not raised objection in this regard during arbitration, this cannot change the fact that the arbitration clause is void and an offshore Arbitration Commission has no jurisdiction to such case.
Domestic or international clause
Any dispute shall be settled at Shanghai by the Arbitral Court designated by the Institute of Arbitration (www.euro-arbitration.org), in accordance with the SDR rules of arbitration (Standard Dispute Rules). This clause replaces all authority clauses contrary to it.
To the recto: A settlement through arbitration forms part of the general conditions mentioned on the back.