What, if any, are the legal requirements of an arbitration agreement under the laws of China?
Under the PRC Arbitration Law, an arbitration agreement has to be in writing and may be concluded before or after the dispute arises. The arbitration agreement shall contain the following particulars: • An expression of intention to apply for arbitration; • Matters that should be referred to arbitration; and • A designated arbitration commission. Pursuant to Article 17 of the PRC Arbitration Law, an arbitration agreement shall be void if: • The agreed matters for arbitration exceed the range of arbitrable matters as specified by law; • A party to the arbitration agreement has no capacity for civil acts or has limited capacity for civil acts (which limit has been exceeded); or • A party coerced the other party into concluding the arbitration agreement. What other elements ought to be incorporated in an arbitration agreement? Language. Parties should specify the language in which the arbitration is to be conducted. If the arbitration is to be handled by the China International Economic a
