First case breakthrough: Huisheng Law Firm's representation of cases achieves judicial confirmation of the effectiveness of temporary arbitration agreements
Huisheng Law FirmJudicial Confirmation of the Effectiveness of Temporary Arbitration Agreements in Proxy Cases
The Shanghai Maritime Court has made a ruling on a dispute over the validity of an interim arbitration agreement, confirming the legality and validity of the agreement. This case is the first judicial practice by a Shanghai court to confirm the validity of a provisional arbitration agreement after the implementation of the Shanghai Regulations on Promoting the Construction of the International Commercial Arbitration Center.
As the agent of the case, Huisheng Law Firm relies on a comprehensive review of the facts of the case and a precise grasp of the core legal issues,promotecourtinTemporary arbitrationArbitration matters in ChinaForeign related factorsofRecognitionTemporary cuttingagreementofComplete constituent elementsWhether or notWaiting for key issuesupMake judicial decisionsresponseThe cutDing not only establishes a reference standard for similar cases, but also provides important judicial guidance for the implementation and practice of China's temporary arbitration system.
(1)facts of the case
In November 2024,Two enterprises registered respectively in the China (Shanghai) Pilot Free Trade Zone and the Lingang New Area of the China (Shanghai) Pilot Free Trade Zone,justAfter the imported goods enter the countryA temporary arbitration agreement has been reached for the dispute over transportation and miscellaneous fees, stipulating the application of the Provisional Arbitration Rules of the Shanghai Arbitration Association, with the arbitration venue in Shanghai and one arbitrator. Afterwards, there was a dispute over the validity of the agreement between the two parties. Huisheng Law Firm acted on behalf of the parties and applied to the Shanghai Maritime Court in accordance with the law to confirm the validity of the arbitration agreement.
(II)key issue in dispute
According to《upRegulations on Promoting the Construction of the International Commercial Arbitration Center in HaishiAccording to Article 20, temporary arbitration refers to arbitration activities conducted by specific personnel in the commercial and maritime fields with foreign-related factors, with Shanghai as the place of arbitration, in accordance with specific arbitration rules. In this case, the temporary arbitration agreement reached by the parties regarding the domestic transportation and miscellaneous fee dispute only stipulated the number of arbitrators, so the focus of the dispute is on:（1) Can purely domestic disputes meet the foreign-related requirements; (2) It is not clear whether the terms of specific arbitrators can meet the legal requirements of "specific personnel".
1. Identification of foreign-related factors
The basic legal relationship of this case is a goods transportation contract with foreign-related factors, which stipulates the rights and obligations of both parties before and after the import and export of goods. Although the specific dispute occurred in the domestic transportation section, this fact does not change the foreign-related nature of the contract itself. From the perspective of legal practice, if the specific segment of the dispute is used as the criterion for determining its foreign-related nature, it will lead to an uncertain status of the effectiveness of the temporary arbitration agreement. On the one hand, this violates the original intention of the parties to enter into an interim arbitration agreement, and on the other hand, it will lead to difficulties in predicting the effectiveness of the agreement in practice. Therefore, the foreign-related nature and legal effect of a temporary arbitration agreement cannot be denied simply because the dispute occurred in the domestic transportation sector.
2. AboutAgreement on 'Specific Personnel'
The law stipulates that temporary arbitration agreements must stipulate specific arbitration rules and personnel, with the aim of ensuring the smooth conduct of non institutional arbitration proceedings. justIn terms of the requirement of "specific personnel", although no specific arbitrator is directly designated, if the interim arbitration agreement has clearly defined the method, rules, or institution for selecting arbitrators, and can achieve the specificity of arbitrators, the interim arbitration agreement should also be considered to meet this requirement. In this case, both parties have clearly agreed on the arbitration rules, which provide a comprehensive mechanism for the selection of arbitrators, effectively avoiding obstacles to the formation of a tribunal and ensuring the smooth progress of the arbitration proceedings. Therefore, it should be recognized that the temporary arbitration agreement involved in the case has provisions for "specific persons".
（3） Summary
The successful trial of this case not only signifies《Regulations of Shanghai Municipality on Promoting the Construction of International Commercial Arbitration Center》The first practical application in judicial practice also demonstrates the positive response of Shanghai courts to promoting the standardization and systematic development of the temporary arbitration system. By examining foreign factors andThe precise definition of the constituent elements of "specific personnel" effectively fills the judicial gap in the early implementation of the system, providing a paradigm for the effectiveness judgment of future temporary arbitration agreements. Huisheng Law Firm, with its profound professional strength and keen institutional insight, assisted the court in making this groundbreaking ruling, fully demonstrating its professional ability and responsibility in the field of commercial dispute resolution. This case is not only a victory for individual cases, but also an important step for China to explore the temporary arbitration system and build an international first-class arbitration environment.
Author: Cheng Yingwenhttp://39.97.61.144:10001/hhr/11.html
