Dispute Resolution Clauses

By Huang Tao and Dai Yue  King & Wood Mallesons’ Dispute Resolution Group

Lacking knowledge of and exposure to China’s judicial and arbitrational system, foreign companies usually worry about dispute resolution clauses more than any other clause in a contract. Deciding which arbitration tribunal and what arbitration rules to specify becomes a sensitive and important aspect of contract negotiations for wholly foreign owned entities (“WFOE”) and cooperative joint ventures (“CJV”).

I.     Choice of Arbitration Tribunal

Contracts in which one party is a foreign entity will contain foreign elements, allowing the parties to choose their jurisdiction without restriction under PRC law. The parties to such a contract may decide at their discretion whether to choose an arbitration tribunal within China or in another country, or resort to ad hoc arbitration to resolve disputes.Continue Reading Forum Shopping in China: CIETAC vs. UNCITRAL

作者:黄滔  戴月 金杜律师事务所争议解决



在合同主体一方为外方的情况下,该合同由于具备了“涉外因素”,因而可以自由选择国内机构、国外机构或国外临时仲裁作为争议解决手段。中国法律对此均无禁止性规定。Continue Reading 外资企业如何选择商事合同的仲裁机构和仲裁规则