Legal analysis
Although the arbitration agreement stipulates more than two arbitration institutions, the parties may choose one of them by agreement to apply for arbitration. In this regard, Article 5 of the Supreme People's Court's Interpretation on Several Issues of Application has made clear provisions, and there are also many related cases in the judicial practice of our courts. For example, in the case of the applicant Kanghong Silicon Industry Co., Ltd. of Tianzhu Tibetan Autonomous County and the respondent Gao Ping Group Co., Ltd. tried by Pingdingshan Intermediate People's Court, Pingdingshan Intermediate People's Court held that although the arbitration agreement involved stipulated two arbitration institutions, Pingdingshan Arbitration Commission accepted the arbitration application of Gao Ping Group, and in the letter sent to Pingdingshan Arbitration Commission, the applicant expressed his willingness to abide by the arbitration rules. Accepting the arbitration award should be regarded as a supplementary opinion reached by both parties on choosing Pingdingshan Arbitration Commission as the arbitration institution. According to the Supreme People's Court's judicial interpretation, the arbitration agreement involved should be valid.
Second, although the arbitration agreement stipulates more than two arbitration institutions, when one party applies for arbitration, the arbitration institution is unique. For example, in the case that Zaozhuang New Age Urban Infrastructure Development Co., Ltd. and Shenzhen Heiju Art Design Co., Ltd. confirmed the validity of the arbitration agreement, the Supreme People's Court believed that the arbitration agreement signed by the two parties involved was "all disputes arising from or related to this contract shall be settled by both parties through consultation; If negotiation fails, the employer shall submit it to Zaozhuang Arbitration Commission for arbitration. The contractor shall submit it to China International Economic and Trade Arbitration Commission, South China Sub-commission, and the arbitration shall be binding on both parties. Although it involves two arbitration institutions, from its expression, the arbitration institution that both the employer and the contractor apply for arbitration is clear and unique. Therefore, the agreement of both parties on the arbitration agreement shall be deemed as valid. Prior to this, the Supreme People's Court also believed in the case of the dispute over the sales contract between Shenzhen Grain Group Co., Ltd. and Noble Resources Co., Ltd. (Singapore) that the arbitration agreement concluded by the two parties in the main contract, that is, "any party may submit the dispute arising from the performance of the contract to arbitration, and if the defendant is the buyer, the dispute shall be submitted to the Hong Kong International Arbitration Center; If the defendant is the seller, the dispute shall be submitted to the London Grain and Feed Trade Association for arbitration. Disputes arising from the contract shall be settled in accordance with English law. Although it involves two arbitration institutions, judging from its specific expression, whether the buyer or the seller applies for arbitration, the arbitration institution referred to is clear and there is only one, so the arbitration agreement should be considered valid.
legal ground
Article 18 of the Arbitration Law of People's Republic of China (PRC) has no or unclear agreement on arbitration matters or the arbitration commission, and the parties may make supplementary agreement; If a supplementary agreement cannot be reached, the arbitration agreement shall be invalid.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Arbitration Law of People's Republic of China (PRC) Article 6 If the arbitration agreement stipulates that arbitration shall be conducted by an arbitration institution in a certain place, and there is only one arbitration institution in that place, the arbitration institution shall be regarded as the agreed arbitration institution. If there are more than two local arbitration institutions, the parties may choose one of them by agreement to apply for arbitration; If the parties fail to reach an agreement on the choice of arbitration institution, the arbitration agreement shall be invalid.