Jurisdictional Challenge Against Arbitration Agreement Under Chinese Law —— Problems Arising From Contract Modification

After contract modification, there are three main scenarios under which jurisdictional challenge against arbitration agreement may be brought by the parties: change of dispute resolution clauses, change of contractual parties, and change of other contract terms. When these modifications occur, does the arbitration agreement under the original contract remain applicable under Chinese law? This article will discuss these issues based on specific cases.

Contract Modification

During contract performance, both contents and parties of contracts may be modified. As to jurisdictional challenge, contract modification can be divided into three main categories:

1. change of dispute resolution clauses