Following up on the May 2019 newsletter, TianTong’s cross-border dispute resolution team continues to analyse issues related to the validity of arbitration agreements under Chinese law.  Specifically, the featured article addresses whether an arbitration clause may stand validly where the main contract is not duly formed and whether an optional dispute resolution clause would be deemed invalid if it allows parties to resort to litigation when arbitration does not work.  The article also suggests that based on statistics in 2018, Chinese courts are increasingly willing to uphold the validity of an arbitration agreement even if it is somewhat defective.  The newsletter features recent Chinese law updates.

A copy of the June 2019 newsletter is available here.