Arbitration Law of the People's Republic of China
(Adopted at the Ninth Meeting of the Standing Committee of the Eighth National Peoples Congress on August 31, 1994, promulgated by Order No.31 of the President of the Peoples Republic of China on August 31, 1994, and effective as of September 1, 1995)

Chapter 1 - General Provisions

Chapter II - Arbitration Commissions and the Arbitration Association

Chapter III - Arbitration Agreement

Chapter IV - Arbitration Procedure

Section 1 - Application and Acceptance

Section 2 - Formation of Arbitration Tribunal

Section 3 - Hearing and Award

Chapter V - Application for Setting Aside Arbitration Award

Chapter VI - Enforcement

Chapter VII - Special Provisions for Arbitration Involving Foreign Elements

Chapter VIII - Supplementary Provisions

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Manifest

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China - Arbitration Law, 1994

MOFTEC

copy @ Lex Mercatoria

Arbitration Law of the People's Republic of China
(Adopted at the Ninth Meeting of the Standing Committee of the Eighth National Peoples Congress on August 31, 1994, promulgated by Order No.31 of the President of the Peoples Republic of China on August 31, 1994, and effective as of September 1, 1995)

Chapter IV - Arbitration Procedure

Section 1 - Application and Acceptance

Article 26

If the parties have concluded an arbitration agreement and one party has instituted an action in a peoples court without declaring the existence of the arbitration agreement and, after the peoples court has accepted the case, the other party submits the arbitration agreement prior to the first hearing, the peoples court shall dismiss the case unless the arbitration agreement is null and void. If, prior to the first hearing, the other party has not raised an objection to the peoples courts acceptance of the case, he shall be deemed to have renounced the arbitration agreement and the peoples court shall continue to try the case.

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