Challenging jurisdiction and anti-suit provisions in China
Produced in partnership with Arthur Dong of AnJie Law Firm

The following Arbitration practice note produced in partnership with Arthur Dong of AnJie Law Firm provides comprehensive and up to date legal information covering:

  • Challenging jurisdiction and anti-suit provisions in China
  • Full challenges to jurisdiction
  • Challenge to arbitrability
  • Challenge based on the validity of the arbitration agreement
  • Partial challenges to jurisdiction
  • The deadline for challenging jurisdiction of an arbitral tribunal
  • Before an arbitration institution
  • Before a judicial court
  • Who has the authority to make a decision upon a jurisdiction challenge?
  • Challenges before an arbitration institution
  • More...

Challenging jurisdiction and anti-suit provisions in China

This Practice Note considers challenges to the jurisdiction of arbitral tribunals under the Arbitration Law of the People’s Republic of China (PRC) (the Arbitration Law).

Challenging the jurisdiction of a Chinese arbitration institution to hear a matter usually involves challenging the binding force of an arbitration agreement. Article 5 of the Arbitration Law gives arbitral tribunals exclusive authority to hear cases when the parties ‘have concluded an arbitration agreement’. At the same time, Article 5 of the Arbitration Law prevents the PRC court from accepting a case ‘unless the arbitration agreement is null and void’.

Chinese law envisages two types of challenges to the jurisdictions of arbitral tribunals, namely:

  1. total challenges—as the name implies, are challenges to dispute the existence or validity of the jurisdiction granting arbitration clause

  2. partial challenges—admit the existence of an arbitration clause but refute that the dispute is within the scope of the arbitration clause being relied upon

A party challenging the validity of an arbitration agreement may, according to article 20 of the Arbitration Law, ‘request the arbitration commission to make a decision or apply to the people's court for a ruling’ (note: the term 'arbitration commission' is interchangeable with the term 'arbitration institution'. In China, arbitration institutions have historically been called arbitration commissions. More recently, Chinese institutions and practitioners have begun to refer to arbitration

Popular documents