Arbitration Agreement

Arbitration agreement is a written document in which the parties agree to submit a dispute that has occurred or is likely to occur in a particular legal relationship between them to arbitration. The parties adopting arbitration for dispute settlement shall reach an arbitration agreement on a mutually voluntary basis.

An arbitration agreement shall include the arbitration clauses provided in the contract and any other written form of agreement concluded providing for submission to arbitration. The form of an arbitration agreement shall include, but is not limited to, contract, telegram, telex, facsimile, electronic data interchange, e-mail, which can show the content in a tangible way.

The master contract and collateral contract share the same subject. Where an arbitration agreement is provided in the master contract, while there is no agreement on dispute settlement method or the agreed dispute settlement method is litigation in the collateral contract, if one of the parties submits an application to the arbitration institution for arbitration of the relevant disputes in both master contract and collateral contract together, with the other party’s defense in the arbitration, it shall be deemed that the other party agrees to submit the disputes in collateral contract to arbitration.

An arbitration agreement shall exist independently. Any changes to, rescission, termination or invalidity of the contract shall not affect the validity of the arbitration agreement. An arbitration tribunal has the right to rule on the validity of a contract.