TITLE:
The Study on Extension of the Arbitral Agreement to Non-Signatories under Chinese Law
AUTHORS:
Jun Zheng
KEYWORDS:
Extension, Arbitration Agreement, Non-Signatories, China, Arbitration Law
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.1,
March
12,
2024
ABSTRACT: The extension of arbitration agreements to non-signatories arises from the genuine needs of parties and is a consequence of the intricate structure and process involved in commercial transactions. However, due to challenges to the rule of privity of contract, there are often debates surrounding the legality and rationality of this theory. In light of China’s “Belt and Road” initiative, Chinese courts have shifted their stance on arbitration agreement extension from strict regulation to a more flexible approach. It aims to explore the potential and specific manifestation of extending arbitration agreements in future legislation in China by examining current legal regulations, analyzing relevant judicial cases, and evaluating scholarly theoretical disputes.