In March this year, Ningbo Intermediate People’s Court, in Zhejiang province, ruled in a case where the validity of a “hybrid” arbitration clause was challenged. The clause provided for arbitration at the China International Economic and Trade Arbitration Commission (CIETAC) under the United Nations Commission on International Trade Law (UNCITRAL) rules.
During the course of the arbitration proceedings, the respondent applied for invalidating the arbitration clause to Ningbo Intermediate People’s Court based on two main grounds: 1) “Arbitration shall take place at CIETAC”, as designated in the clause, is an agreement on the place of arbitration rather than the arbitration institution, which does not satisfy the element of “the chosen arbitration institution” under China’s Arbitration Law; and 2) an arbitration clause applying the UNCITRAL rules amounts to an agreement on ad hoc arbitration. Ningbo Intermediate People’s Court made its final decision that the arbitration clause in the above case does not violate the stipulations of the Arbitration Law and the request to declare the clause invalid by the respondent would be denied.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
The author, Meng Shi, is a case manager at the China International Economic and Trade Arbitration Commission
