arbitration

2. If one party breaches the arbitration agreement and has resorts to the court at its own will, the other party may require the court to refuse the case according to the arbitration agreement, and brings the case to the arbitral tribunal for judgment.An arbitration agreement can exclude the jurisdiction of court effectively.
dismiss v. 解散,开除
Section 5 Elements of Arbitration Agreements
In our country, the China International Economic and Trade

Arbitration Commission (CIETAC) in Beijing, and its chapters in Shenzhen and Shangha
1. The arbitration body There are two forms of arbitration: institutional arbitration and ad hoc arbitration. The arbitration body can be a temporary organized body for specific arbitration and which is dismissedwhen the arbitration is over, or it may be a permanent arbitration body, such as the Arbitration Court of International Chamber of Commerce (ICC), the London Court of Arbitration, and American Arbitration Association and so on.
3.The arbitration tribunal or arbitrator is granted the jurisdiction of the case concerning the dispute.
Section 5 Elements of Arbitration Agreements
Arbitration clauses in the contract will usually include the following terms:
Friendly negotiation and conciliation are the most popular ways in the process of dispute settlement, which are able to maintain friendship between the exporter and the importer. When negotiation and conciliation do not work, should the two parties turn to arbitration and litigation. Litigation, a process in law instituted by one party to compel another to do him justice is usually costly and time-consuming. Compared with litigation, arbitration is a better alternative. In this section, we are going to have a further introduction on arbitration.
Section 1
Definition of Arbitration
Arbitration refers to that the two parties, before or after the disputes arise, reach a written agreement that they will submit the disputes which cannot be settled through amicable negotiations to a third party for arbitration. Both parties shall settle the disputes complying with the result of arbitration as the arbitration result has legally binding force.
2. Place of arbitration The place of arbitration will decide which arbitration rules or laws are applicable. The arbitration place can be anywhere in the seller’s country, the buyer’s country or a third country. The concerned parties always try to choose a place of arbitration they know well.
Section 5 Elements of Arbitration Agreements
3. Arbitration procedures & Rules
The arbitration clause will stipulate how arbitration is to apply, to work, how arbitrators are to be appointed, and how the case will be heard. We can divide the procedures into several steps: (1)application for arbitration; (2)composition of arbitration tribunal; (3)hearing;
Section 2
Characteristic of arbitration
1. An arbitral body composing of dignitaries or experts in the field is set to settle trade disputes, neither a governmental power nor with a coercive jurisdiction. The settlement of the case is based on the will of both parties involved. 2. The parties involved shall sign an arbitral agreement before resorting to arbitration.The parties involved are granted with the right to choose the arbitrators. 3. Arbitration is simpler in procedures, less costly and time consuming than litigation. 4. An arbitral verdict has a legally binding force,and is usually final, and binding upon both parties.
Section 3
Forms of Arbitration Agreement
There are two forms for arbitration agreement:
1.Arbitration Clause: the arbitration agreement concluded before the dispute,agreeing to settle the possible disputes through arbitration.Such agreement is generally included in the relevant sales contract as one clause of the contract. 2.The agreement for arbitration:It is concluded by both patries involved after the dispute, agreeing to settle the dispute through arbitration.
(4)award.
Section 5 Elements of Arbitration Agreements
4. Arbitration award
An award is the decision made by the arbitration tribunal. It must be in written form with or without explanations or reasons. An arbitration clause must provide that the arbitral award is final, which is the incarnation of excluding the jurisdiction of litigation of courts by the arbitration clause. If an arbitration clause doesn’t conclude that the arbitral award is final, CIETAC will not accept the case. incarnation jurisdiction n. 赋予肉体,具人形,化身 n. 司法权,审判权,管辖权