Law on Sino-foreign Cooperative Joint Ventures
updatetime:2010-03-28 17:19:00
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(Adopted 13 April 1988 at the 1st Session of the 7th National People's Congress Revised 31 October 2000 at the 18th Meeting of the Standing Committee of the National People's Congress by the Decision
Article 25
If a dispute arises between Chinese and foreign partners over the implementation of a co-operative enterprise contract, the matter shall be resolved through consultation or mediation. If the Chinese and foreign partners are unwilling to use consultation or mediation to resolve the dispute or if consultation or mediation fail to produce a result, the matter may be submitted to a Chinese arbitral body or another arbitral body for arbitration in accordance with the provisions on arbitration in the co-operative enterprise contract or an arbitral agreement concluded in writing after the dispute has arisen.
If the Chinese and foreign partners have not included provisions on arbitration in the co-operative enterprise contract and fail to conclude a written arbitral agreement after a dispute has arisen, a suit may be filed in a Chinese court.
Article 26
The State Council department in charge of foreign economic relations and trade shall formulate implementing rules in accordance with the provisions of this Law, to be implemented following their approval by the State Council.
Article 27
This Law shall take effect from the date of promulgation.
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