A Case Study on the Validity Verification System of Arbitration Agreement in China

In order to resolve disputes through arbitration, an arbitration agreement must be agreed between the parties, and the agreed arbitration agreement must be valid. If the parties object to the validity of an arbitration agreement, arbitration-related laws in major countries, including UNCITRAL Model Law on International Commercial Arbitration, allow the arbitral tribunal to have the right to make a priority decision on it, and the court to conduct a judicial review afterwards. China's arbitration laws and related laws, however, stipulate that if an arbitration party has an objection to the validity of the arbitration agreement, it can raise an objection to the arbitration institution or court before the initial arbitration hearing date. In addition, if one party applies to the court to verify the validity of the arbitration agreement before the first arbitration hearing date, and the other party applies to the arbitration institution for verification of it and the decision is not made, the court has the right to make a priority decision on the validity of the arbitration agreement. China's validity verification system for the arbitration agreement limits the autonomy, speed, and independence of arbitration.