For foreign related disputes, the parties are generally free to choose where to conduct arbitration. The parties could choose to arbitrate the dispute in China or elsewhere. It is also acceptable that the parties lodge their arbitration application with a domestic arbitration commission. However, we recommend that foreign related arbitration in China be referred to China International Economic and Trade Arbitration Commission (CIETAC) or in case of maritime related disputes, to the Chinese Maritime Arbitration Commission (CMAC).

Arbitration is one type of alternative dispute resolution (ADR) used in commercial disputes. Compared with litigation, the advantage of arbitration is that it is convenient, saves time and is efficient in concluding cases. Moreover, arbitration allows the parties full autonomy and can resolve disputes independently, impartially and without unnecessary delay. It is also preferred because of the flexibility, confidentiality, finality and enforceability of its award.

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