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Application for Determining the Validity of an Arbitration Agreement between Claimant Zhejiang Asroad Highway Construction & Maintenance Machinery Co., Ltd. and Respondent Jilin Shengbo Road and Bridge Construction Co., Ltd. (2019)

申请人浙江赤道筑养路机械有限公司与被申请人吉林省盛博路桥建设有限公司申请确认仲裁协议效力案

Court Siping Intermediate People's Court

Case number 2019 Ji 03 Min Te No.2 ((2019)吉03民特2号)

Date of the decision Apr 25, 2019

Court Level Intermediate People’s Court

Trial procedure First instance

Types of Litigation Civil Litigation

Type of cases Case

Topic(s) Judicial Review of Arbitration Arbitration and Mediation

Editor(s) C. J. Observer

In the case of Application for Determining the Validity of an Arbitration Agreement between Claimant Zhejiang Asroad Highway Construction & Maintenance Machinery Co., Ltd. and Respondent Jilin Shengbo Road and Bridge Construction Co., Ltd. , the parties agreed that “the method to resolve contractual disputes is through friendly negotiation; if negotiation fails, arbitration shall be conducted in the local arbitration commission.”

Since the contract was signed and performed in Siping Municipality, Jilin Province, and there was no other arbitration commission in the place besides the Siping Arbitration Commission, the “local arbitration commission” should be interpreted as Siping Arbitration Commission, and the arbitration clause should be deemed valid.

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