Commercial arbitration in China: start with a valid clause
A dispute strategy can fail before the dispute begins if the arbitration clause does not satisfy PRC law. Parties should identify the arbitration institution clearly and avoid importing wording that assumes a different legal framework.
Choose the institution precisely
CIETAC, the Beijing Arbitration Commission/Beijing International Arbitration Center and SHIAC administer domestic and international cases. The contract should use the institution’s correct name and current model clause.
Preservation through the people’s courts
Property, evidence and conduct preservation connected with PRC arbitration generally require court involvement. Counsel should map the relevant court, available assets and security requirements early.
Enforcement planning
- Confirm the counterparty’s registered name and asset position
- Preserve contracts, chops, invoices, delivery records and electronic evidence
- Consider governing law, language, seat and institution together
- Plan for enforcement in China or under the New York Convention
We advise on arbitration clauses, case strategy, interim measures and award enforcement. This article is general information, not legal advice.