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Application for Determining the Validity of an Arbitration Agreement between Claimant Hangzhou Baihe Real Estate Development Co. and Respondent Suzhou Kelong Curtain Wall Decoration Engineering Co. (2020)

申请人杭州百合房地产开发有限公司与被申请人苏州科隆幕墙装饰工程有限公司申请确认仲裁协议效力案

Court Hangzhou Intermediate People's Court

Case number 2019 Zhe 01 Min Te No. 172((2019)浙01民特172号)

Date of the decision Jun 22, 2020

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 Hangzhou Baihe Real Estate Development Co. and Respondent Suzhou Kelong Curtain Wall Decoration Engineering Co. , the parties agreed that “the dispute arising therefrom shall be arbitrated by Arbitration Commission of Xiaoshan District in Hangzhou”.

The court held that although the arbitration institution two parties agreed upon did not exist, there was only one arbitration institution in Hangzhou, i.e. Hangzhou Arbitration Commission, which sets up a branch in Xiaoshan District, Hangzhou. It was thus still reasonable to infer that the parties had chosen Hangzhou Arbitration Commission by agreement.

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