1) The document outlines an arbitration clause referring disputes to the International Court of Arbitration of the International Chamber of Commerce to be settled under the ICC Rules of Arbitration. 2) The arbitration will take place in the named place, and the language will be both Chinese and English with acceptance of documents in English. 3) Key elements that must be included are the specific arbitration court, the rules that will be followed, designation of the place, and how the arbitrator will be selected. Failure to properly name the court or rules could invalidate the clause.

1. STANDARD ICC
ARBITRATION CLAUSE
The International Court of Arbitration was established in 1923

2. “All disputes arising out of or in connection with the present contract shall be
submitted to the International Court of Arbitration of the International
Chamber of Commerce and shall be finally settled under the Rules of Arbitration
of the International Chamber of Commerce by one or more arbitrators
appointed in accordance with the said Rules. The place of arbitration shall be
+name of place+.
The langue of arbitration can be both Chinese and English. The relevant
documents and evidences in and or with English translation can be
acceptable”
Key points:
1.Should mention the name of court
2.And rule of arbitration
3.Place of arbitration
4.Point arbitrator
5.Langue of arbitration

3. 1. Must point a real arbitration court in full correct name.
a) If you write wrong name of court, that means what you pointed is not real or not existed
and no one will accept the arbitration, even if the arbitrators from the arbitration court
you pointed know that it maybe the slide of typing.
b) Of cause, if there is no name of arbitration court, the result is the same: no one will
accept the arbitration. If someone accept it, the counter-party will be against it.
c) Besides the arbitration court of international chamber of commerce, there are some other
local arbitration court of local chamber of commerce using different rule of arbitration.
2. Indicate the rules which will be adopted. There are different kinds of arbitration courts and
rules. If do not indicate, the clause also will be useless. It is the same as to appoint the name
of arbitration court.

4. Arbitration courts and rules in China:
ICC CHINA
Rule of Arbitration of ICC
Final reward
China Council for the Promotion of
International Trade
China Chamber of International
Commerce
China International Economic and Trade
Arbitration commission
Rule of Arbitration of CIETAC
Both in Mini. 6 months or longer
Beijing and branches' in
Shanghai, Shengzhen
Only Beijing
Leaders and arbitrators are morstly the same
Court of arbitration
Rule
Place

5. 1) How important the place of arbitration, some time to the prosecution.
a) To consider the right place is very important especially the party who has the more possibilities to arise the
dispute or the prosecution. For example, buyer may be the one. Because it will refer how to execute reward.
b) Normally, in the text books, it shows: the parties should be better to strive for their own country and next
choice is the third country or neutral state like Switzerland, which looks like fair to each other”. But not
exactly.
c) When arbitration award comes out, arbitration court finishes their duty. What should be next? Execute or
enforce the award by executive court. But what about the seller or loser is in another country. If there is no a
legal agreement for the award executing between these two countries, this award has no actual use or
significance. So why do you spend so much time and money to get worthless award? Do the two parties
know or have the consciousness about the legal agreement?
d) OK, if there is exist legal agreement luckily, there is still long way to go. First should find the right
executive court with the right of judicial jurisdiction. It is not easy to an ordinary people or companies
abroad. It is no use if you find a wrong one. If you find a right one, can you make assured that the paper
award can reach the executive court safely? (“Reaching become valid” according to continental law system.
China’s law nearly the same as the continental law system.) Even if the award can reach the right executive
court, dos the executive court execute the award actively and correctly. No firm answer.
e) So the object of arbitration is not small, the alternative way is to think over if you will point the arbitration
court at the place of counter-party. Of cause, this should also need some terms and conditions.
i. The country cannot be too corrupt.
ii. Must point the ICC as the arbitration court. Because there is its rule and ICC’s arbitrators proved
beforehand (there are some arbitrators from western countries in China or in HK and Singapore, who
know both English and Chinese well.), or you can point a famous or well known ones. Furthermore, if
you think the award is not satisfied, you can come to ICC headquarter in Paris. If you point some
other local arbitration court, the award is really the final one.
iii. Better has an agent or representative with rich experience in the country, in which the arbitration court
is.

6. What about if you listed an invalid arbitration clause?
1.First go to court with the right of jurisdiction
2.And ask the court to judge the arbitration clause is invalid.
3. If get it, then you can go to court to appeal the counter-party in the
contract.

7. What about if you listed an invalid arbitration clause?
1.First go to court with the right of jurisdiction
2.And ask the court to judge the arbitration clause is invalid.
3. If get it, then you can go to court to appeal the counter-party in the
contract.