Agreement For Arbitration In Kings
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Arbitration is particularly appropriate for international disputes involving Mainland Chinese parties, as the mainland courts generally will not recognise or enforce foreign or Hong Kong court judgments. It is commonly used in domestic disputes in Mainland China, and is therefore relatively familiar to Chinese parties.
Previous case law, the three situations in Section 81(1) are matters “where the common law rules are still in force.”10 This section reinforces the idea that arbitrability in England is a subject of common law and it does not require a codification of issues that are non-arbitrable.
Some IP disputes involve rights or obligations derived from contracts, such as assignments of ownership or licence agreements, and these disputes are generally accepted as arbitrable; however, other IP disputes involve rights that devolve from local or central governmental entities, such as infringement or validity.
In entering into an arbitration agreement, the parties agree to refer their dispute to a neutral tribunal to decide their rights and obligations. Although sometimes described as a form of alternative dispute resolution, arbitration is not the same as mediation or conciliation.
Under English law, a non-party to a contract incorporating an arbitration agreement cannot compel a party to arbitrate disputes relating to the contract.
The Arbitration Act 1996 governs arbitration in England and Wales and Northern Ireland. London is recognised as a leading seat of arbitration: a significant number of commercial agreements internationally are governed by the law of England and Wales.
A Party wishing to refer a dispute to arbitration shall appoint its arbitrator and send notice of such appointment in writing to the other Party requiring the other Party to appoint its own arbitrator within fourteen (14) calendar days of that notice and stating that it will appoint its arbitrator as sole arbitrator ...
Arbitration agreements require that persons who signed them resolve any disputes by binding arbitration, rather than in court before a judge and/or jury. What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision.
Your letter of arbitration should be concise, professional, and factual. Follow the standard business letter format, including your name and contact information at the top. Ensure that your writing is clear, and avoid using jargon or technical terms that may not be familiar to the reader.
