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.