What is the validity of the arbitration agreement?

The validity of the arbitration agreement is legally concluded by the arbitration agreement, which has legal effect and is legally binding on the parties; When a dispute arises, the parties may apply for arbitration according to the arbitration agreement, but they cannot bring a lawsuit to the court unless the arbitration agreement is invalid.

legal ground

Article 4 of the Arbitration Law of People's Republic of China (PRC)

When the parties resolve disputes through arbitration, they shall voluntarily reach an arbitration agreement. If there is no arbitration agreement and one party applies for arbitration, the Arbitration Commission will not accept it.

Article 5

If the parties reach an arbitration agreement and one party brings a suit in a people's court, the people's court will not accept it, unless the arbitration agreement is invalid.

Article 16

The arbitration agreement includes the arbitration clause in the contract and the arbitration agreement reached in other written forms before or after the dispute occurs.

The arbitration agreement shall include the following contents:

(1) Expression of intention to request arbitration;

(2) Arbitration matters;

(3) Select the Arbitration Commission.

Article 18

If the arbitration agreement does not stipulate or is unclear about the arbitration matters or the arbitration commission, the parties may supplement the agreement; If a supplementary agreement cannot be reached, the arbitration agreement shall be invalid.