Choice of Law by the Court

Choice of Law by the Court
 
If the parties agree on the law to govern the validity of their arbitration agreement or arbitration clause in addition to the law to govern the master contract of the arbitration agreement or the contract containing the arbitration clause, such an agreement shall prevail in determining the validity of the arbitration agreement or arbitration clause.
 
If the parties fail to agree on the law to govern the validity of their arbitration agreement or arbitration clause, the court that reviews the case will apply the law of the place of address of the arbitration commission or the seat of arbitration.
 
If different results occur in confirming the validity of the arbitration agreement or arbitration clause when the law of the place of address of the arbitration commission and the law of the seat of arbitration are applied, the court will make a choice of law and the law whereby the arbitration agreement or arbitration clause will be held valid shall prevail.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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