Rendering an Award Based on Majority Opinion
As a general rule in international arbitration, the arbitral tribunal should make an award based on the majority opinion of the arbitrators. The Arbitration Law of the People’s Republic of China stipulates that an arbitral tribunal shall consist of a sole arbitrator or three arbitrators. Therefore, an award shall be based on the opinion of two or three arbitrators in the case of a three-arbitrator tribunal.
Provided, however, that an award shall be rendered based on the opinion of the chief/presiding arbitrator if the tribunal fail to reach a majority opinion.
Regardless of whether a majority opinion is reached, any dissenting opinion has the right to refuse to record his opinion in the transcript or written record of the hearing and/or refuse to sign the award.
Where a majority opinion is reached, any dissenting opinion shall constitute a part of the award.
Where the tribunal fail to reach a majority opinion, any dissenting opinion shall not constitute a part of the award.
Robert Zhang 
Steve Li 