Model Clauses

2024/11/26 15:40:38

The Execution of an Arbitration Agreement

Arbitration agreements include arbitration clauses stipulated in contracts and agreements reached through other written means, either before or after a dispute arises, to submit the matter to arbitration. An arbitration agreement shall include the following elements:

(1) A clear expression of intent to submit to arbitration;

(2) The matters to be arbitrated;

(3) The designated arbitral institution.



Model Arbitration Clause

Article __: All disputes arising out of or in connection with this contract shall be submitted to the Hangzhou Arbitration Commission / Hangzhou Court of International Arbitration for arbitration in accordance with its rules of arbitration.

Note: When signing a contract, you may include the above model clause recommended by the HZAC as the arbitration clause in your contract.



Model Arbitration Agreement

Both parties agree to submit the following matters to the Hangzhou Arbitration Commission / Hangzhou Court of International Arbitration for arbitration in accordance with its arbitration rules:

(1) ____________;

(2) ____________;

(3) ____________.

Party A: ____________       Party B: ____________

Signature (Seal): _____       Signature (Seal): _____

Date: ______________       Date: ______________

Note: If you wish to submit disputes to arbitration but have not included an arbitration clause in your contract, you may adopt the above model arbitration agreement recommended by the HZAC.



Model Supplementary Arbitration Agreement

Pursuant to the provisions of the Arbitration Law, we have reached the following supplementary agreement through mutual consultation regarding the arbitration matters stipulated in Article __ of the contract signed on ________:

Article __: All disputes arising out of or in connection with this contract shall be submitted to the Hangzhou Arbitration Commission / Hangzhou Court of International Arbitration for arbitration in accordance with its rules of arbitration.

Party A: ____________       Party B: ____________

Signature (Seal): _____       Signature (Seal): _____

Date: ______________       Date: ______________

Note: If your previously signed contract lacks an arbitration clause or the clause is unclear, you may adopt the above model supplementary arbitration agreement recommended by the HZAC.



Model Clause for Confirmation

of the Final Address for Service

To ensure that the parties can promptly receive arbitration documents from the Hangzhou Arbitration Commission / Hangzhou Court of International Arbitration and to facilitate the smooth progress of the arbitration procedure and the enforcement procedure by the People's Court, the parties voluntarily and truthfully provide a confirmed final address for service.

Matters Regarding Confirmation of the Final Address for Service

The confirmation of the final address for service applies to arbitration procedures, enforcement procedures, and other related matters. The effectiveness of documents served to the confirmed address extends to arbitration and enforcement procedures arising from disputes under this contract. If there is any change to the confirmed final address for service, the party shall re-confirm and fill in the updated final address for service within three (3) days and notify the other parties to the agreement in writing. Otherwise, the originally confirmed final address for service shall remain valid, and the party shall bear any legal consequences that may result from this.

Provision of the Address for Service by the Party

(1) I (we) confirm the following address as the address for service:

Recipient: ____________

Address: ____________

Postal code: ____________

Mobile number (which can also receive SMS): ____________

(2) I (we) designate the following address of the authorized representative as the address for service:

Representative: ____________

Address: ____________

Postal code: ____________

Mobile number (which can also receive SMS):____________

(3) I (we) designate the following modern communication methods for service:

Fax number: ____________

Email address: ____________

Other methods: ____________

Confirmation and Declaration of the Address for Service

The content of the Confirmation of the Final Address for Service, filled out by me or my authorized representative, is entirely true and valid. If the provided information is inaccurate or has changed and has not been updated, resulting in arbitration documents, enforcement documents from the People's Court, or other legal documents not being received by me (or my entity), the date on which the documents are returned shall be deemed the date of service.

Signature or Seal (Fingerprint) of the Party: ____________

Date: ____________