1. Selection of arbitration institution

     If the place of arbitration is in China, according to the current Chinese arbitration law, the arbitration must be managed by an arbitration institution. In other words, non institutional arbitration in China is not recognized at present. The services provided by arbitration institutions generally include preliminary examination of arbitration jurisdiction, handling the appointment and objection of arbitrators, organizing court hearings, reviewing awards and other matters. When agreeing on an arbitration institution, please check the exact name of the arbitration institution.

2.  Place of arbitration

     The choice of the place of arbitration determines the applicable law of the validity of the arbitration agreement, the applicable law of the arbitration procedure and the nationality of the award, which needs to be considered in combination with the arbitration legislation of the place of arbitration and the court's supporting attitude towards arbitration.

3. Scope of arbitration matters

     After selecting the arbitration institution, it is suggested to adopt the model clause of the institution directly. For example:

        China Maritime Arbitration Commission model clause (1)

        Any dispute arising from or in connection with this Contract shall be submitted to China Maritime Arbitration Commission(CMAC) for arbitration rules in effect at the time of applying for arbitration . The arbitration award is final and binding upon both parties.

 China Maritime Arbitration Commission model clause (2)

        Any dispute arising from or in connection with this contract shall be submitted to China Maritime Arbitration Commission □ Shanghai headquarters, □ Tianjin Branch, □ Southwest Branch, □ Hong Kong Branch , □ Fujian Branch, □ South China branch, □ (Zhejiang) pilot Free Trade Zone Arbitration Center, □ Hainan Arbitration Center, □ Northeast Asia International Arbitration Center, □ Qingdao Arbitration Center ,□The aviation dispute arbitration center ,□The Construction Project Dispute Arbitration Center, the dispute shall be arbitrated according to the arbitration rules which are currently in force at the time of application for arbitration. The arbitration award is final and binding on both parties (please check for confirmation).

  Other recommended elements:

  As the main body of arbitration activities, you can also agreed on some matters in the arbitration procedure, so as to better participate in the whole procedure and fully exercise your rights.

[number, qualification and nationality of arbitrators] Both parties agree that the number of arbitrators is____ The presiding / sole arbitrator may be a person of the nationality of a third country other than the country where the parties to the dispute are located, and the arbitrator shall have____ Professional / practice experience or qualification, proficient____ Language. It is agreed that the dispute should be heard in_______ (fill in the place, if not filled in, it shall be deemed as the location of the arbitration institution) .

[specific personnel] Both parties agree to select______ (someone) as the sole / presiding arbitrator in this case. If the arbitrator refuses or is unable to accept the selection by both parties or fails to contact or respond within the specified time limit, the chairman of China Maritime Arbitration Commission shall appoint the sole / chief arbitrator.

[arbitration language] Both parties agree that the arbitration language is____ (if not selected, it shall be conducted in the language specified in the arbitration rules).

[application of Law] Both parties agree to apply______ Rule/_____  Convention as the substantive law on which the arbitration case is based (if not filled in, the arbitration tribunal shall decide the applicable substantive law).

[hearing method] Both parties agree to arbitrate the case______ (trial is held or not held. If it is not filled in, it will come on for trial ).

[mediation in arbitration] Both parties do not agree that the arbitration tribunal shall mediate the two parties. If mediation is required, both parties shall select another mediator to conduct independent mediation in accordance with the mediation rules of China Maritime Arbitration Commission.

[expense burden] the arbitration fee, appraisal fee, notarization fee, lawyer's fee and other expenses related to the arbitration case shall be borne by______ (each / the losing party) (if not filled in, it shall be decided by the arbitration tribunal).