Interruption of the validity period of arbitration, causing calculation of the period to be restarted, adversely affects the interests of the parties concerned. However there are no related provisions in major civil and commercial legislation in China.
In practice, the parties, arbitrators and arbitral bodies are only guided by article 74 of the PRC Arbitration Law, which states “where the law has provisions governing the validity period of an arbitration, the provisions shall be applied. If the law has no such provisions, the provisions for the validity period of lawsuits shall be used”.
Reasons for interruption
Associate
Yao Liang Law Offices
Theorists and practitioners generally hold there to be three reasons for interruption of the validity period in commercial arbitration: where a rights holder claims a right; where an obligor agrees to fulfil his or her obligations; and where the parties apply for arbitration.
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Lilla Guo is an associate in the Shanghai office of Yao Liang Law Offices
701/702 Huaxia Bank Tower
256 Pudong Nan Road
Pudong New Area
Postal code: 200120
Tel: + 86 21 5155 0338
Fax: + 86 21 5155 0051
www.yaolianglaw.com
E-mail:lilla.guo@yaolianglaw.com
