Can You Refer to Arbitration in the Absence of an Arbitration Agreement?The answer is definitely negative.A valid arbitration agreement (or an arbitration clause contained in a contract) between the disputing parties is a prerequisite for arbitration, except in labor dispute arbitration. Therefore, the disputing partie…
Judicial Review of Arbitration Cases - SubmissionsIf a disputing party has a doubt about the validity of an arbitration agreement or clause, they may file a petition for confirming its validity with a court of competent jurisdiction, generally an intermediate or higher level court, accompanied by the following documents…
Judicial Review of Arbitration Cases –Petitions Filed with Multiple Courts A person petitioning for recognizing an arbitral award rendered outside of mainland China should file a single petition with a court of competent jurisdiction rather than petitions with multiple courts. If he does submits petitions with multiple…
Judicial Review of Arbitration Cases – Related to a Domestic CaseIf an arbitral award rendered outside of mainland China is related to a case admitted by a court of mainland China, and neither the domicile nor the property of the debtor is located in mainland China, the petition for recognizing such arbitral award fall…
Jurisdiction of Arbitration Cases for Judicial ReviewIf a disputing party files a petition for confirming the validity of an arbitration agreement, the case falls under the jurisdiction of the intermediate court or the specialized court of the place where the arbitration commission/institution is seated, the arbitration…
Applicability of judicial review of arbitration casesFor the purpose of this article, arbitration cases exclude cases involving labor disputes, personal relations (marriage, family, adoption, succession, etc.), administrative disputes under the jurisdiction of government authorities, etc.According to the Civil Procedure…
Who may apply for a declaration of presumed deathAny interested party may file a petition with a court of competent jurisdiction for a declaration of the presumed death of a natural person. Such an interested party may be a family member, close relative, or any other person who has an interest in the person who is appli…
An inheritance opens on the date of the decedent’s death, either physical death or declared death. If a decedent is declared dead by the court after having been missing for four years or for two years due to an accident, the inheritance opens on the date of the decedent’s declared death. If a decedent who has been dec…
Robert Zhang 
Steve Li 