The Laws Applicable in Determining the Validity of an International Arbitration Agreement
If a party to an international arbitration agreement files a written challenge over the validity of such agreement to a competent intermediate court, a collegial panel will be appointed to review the agreement and make a decision.
When reviewing an international arbitration agreement, the collegial panel will apply:
1. the law agreed upon by the parties to the agreement;
2. the law of the seat of the arbitration institute if no applicable law is expressly agreed upon by the parties; or
3. the law of the forum if the parties have expressly agreed upon neither the applicable law nor place of arbitration.
Robert Zhang 
Steve Li 