Drafting an international arbitration agreement with Chinese suppliers is an important step to consider when entering into business contracts with them. This agreement helps establish a dispute resolution mechanism and can provide a level of assurance for both parties. Here are some key points that you should consider when drafting an effective international arbitration agreement.
- Choose the Arbitration Institution
在中国最广泛认可的机构是中国国际经济贸易仲裁委员会（CIETAC）。 或者，如果您的供应商愿意使用国际机构，例如国际商会 (ICC) 或香港国际仲裁中心 (HKIAC)。
Please note that ad hoc arbitration with the seat of arbitration in China is currently not recognized.
- Arbitration Seat and Rules
The choice of location (seat) of the arbitration determines the governing law of the arbitration validity and procedure. This could be in China, a neutral third country, or a specific city.
Also, specify the arbitration rules that will govern the detailed procedure, such as CIETAC rules, ICC rules, or other recognized rules.
- The scope of an arbitration
除特殊情况外，仲裁条款的范围应广泛界定，不仅包括“因合同引起”的所有争议，而且包括“与之有关的”所有争议（例如侵犯知识产权）。
Provisions that are not broadly defined in scope may easily lead to disputes over whether a particular dispute should be resolved through arbitration.
请注意，在中国，劳动纠纷和农业集体经济组织内部的农业承包合同纠纷不属于可仲裁的范围。
- Number of Arbitrators
Decide whether you want a single arbitrator or a panel of arbitrators. It's common to have three arbitrators for complex disputes.
为了节省仲裁费，通常对交易金额较小的案件约定一名仲裁员。
- Arbitral language
Language of Arbitration: Indicate the language(s) to be used in the arbitration proceedings. Often, agreements with Chinese suppliers include both Chinese and English as the languages for communication and document submission.
由于中国的仲裁员一般通晓中文和英文，因此一般无需特别约定仲裁语言。
We provide some MODEL CLAUSEs as follows from the arbitration institutions based in China for your reference:
China International Economic and Trade Arbitration Commission
Any dispute arising from or in connection with this Contract shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC)___________Sub-Commission (Arbitration Center) for arbitration which shall be conducted in accordance with the CIETAC's arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
China Maritime Arbitration Commission (CMAC） Model Arbitration Clause
Any dispute arising from or in connection with this contract shall be submitted to China Maritime Arbitration Commission (CMAC) for arbitration in accordance with CMAC Arbitration Rules for the time being in force at the time of applying for arbitration. The arbitral award is final and binding upon all parties.
注：可特别约定：仲裁庭由【 名】仲裁员组成，仲裁地位于【】，仲裁语言为【】，本合同适用【】为实体法。
Guangzhou Arbitration Commission
Any dispute, controversy, disagreement or claim arising from or in connection with this contract, including the existence, validity, interpretation, performance, breach or termination of this contract, or any non-contractual dispute arising from or in connection with this contract, shall be submitted to China’s Nansha International Arbitration Center for final resolution through arbitration in accordance with the General Arbitration Rules of China’s Nansha International Arbitration Center in effect at the time of submission and by applying these Guidelines on the Procedures of Guangzhou International Arbitration Model.
The tribunal shall be composed of (1 or 3) arbitrator(s). The arbitration shall be conducted in (the language to be selected).
Hong Kong International Arbitration Centre
"Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
The law of this arbitration clause shall be ... (Hong Kong law). *
The seat of arbitration shall be ... (Hong Kong).
The number of arbitrators shall be ... (one or three). The arbitration proceedings shall be conducted in ... (insert language)." **