No, the agreement, at least the part relating to the organizational structure and internal governance matters, may not be arbitrable, says Beijing Second Intermediate People's Court in Tang v. Beijing XX Decoration Technology Company (2019).
Arbitration in China
In 2019, the Chinese courts have heard a total of 30 cases concerning the recognition and enforcement of foreign arbitral awards.
Deepen Interregional Judicial Assistance, Uphold and Improve the “One Country, Two Systems” Principle - Comments on the Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and the HKSAR
The Supplemental Arrangement on the Mutual Enforcement of Arbitral Awards between the Mainland and Hong Kong SAR (2020) provides detailed interpretation on reciprocal enforcement of arbitral awards, and further refines the interregional judicial assistance system.
Mainland China and Hong Kong Sign Supplementary Arrangement Concerning Mutual Enforcement of Arbitral Awards - China Legal News
Supplementary Arrangement Concerning Mutual Enforcement of Arbitration Awards between Mainland and Hong Kong was concluded in November 2020.
Hubei High People’s Court formulated the Guiding Opinions on Regulating the Judicial Review of Arbitration in November 2020.
The WIPO Arbitration and Mediation Shanghai Service, the first business organization of foreign arbitration institutions in China, has begun handling cases in 2020.
Today, 15 Oct. 2020, the International Commercial Dispute Prevention and Settlement Organization (ICDPASO, 国际商事争端预防与解决组织) has been established in Beijing, China. As a non-governmental international organization, ICDPASO will provide legal services including commercial arbitration, commercial mediation, investment arbitration and dispute prevention for countries/regions around the globe.
Good News or Bad News? Arbitral Awards Rendered in China by Foreign Arbitral Institutions Being Regarded as Chinese Awards
As shown in Brentwood case (2020), arbitral awards rendered in Mainland China by foreign arbitral institutions can be enforced as foreign-related Chinese awards and shall be subject to the same stringent judicial review standards as Chinese arbitral awards.
In China, courts in Lin-gang Special Area of Shanghai Pilot Free Trade Zone will take a far more liberal attitude than other local courts when hearing international commercial disputes.
As an arbitrator, I prepared a checklist as practice notes for the arbitration tribunals to examine arbitration claims.