BIZCHINA / Company laws
Contract Law of the People's Republic of China
Updated: 2006-04-17 10:00
The parties may, if unwilling to settle their disputes through
conciliation or mediation or failing in the conciliation or mediation,
apply to an arbitration institution for arbitration according to their
arbitration agreement. The parties to a contract involving foreign
interests may, according to their arbitration agreement, apply for
arbitration to a Chinese arbitration institution or other arbitration
institutions. If there is no arbitration agreement between the parties or
the arbitration agreement is null and void, they may bring a lawsuit
before the people's court. The parties shall perform the court judgments,
arbitration awards or mediation documents with legal effectiveness.
In case any refusal in respect to the performance, the other party may
request the people's court for execution.
Article 129 The time limit for action before the people's court or for
arbitration before an arbitration institution regarding disputes relating
to contracts for international sales of goods and contracts for
technology import and export shall be four years, calculating from the
date on which the party knows or ought to know the infringement on its
rights. The time limits for action before the people's court or for
arbitration before an arbitration institution regarding other contracts
disputes shall be in accordance with the provisions of the relevant laws.
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