A and B have an arbitration agreement. Now that C is involved, what should I do?

First of all, it depends on whether the arbitration agreement between A and B is valid.

Article 16 of the Arbitration Law of the People's Republic of China stipulates that "an arbitration agreement includes an arbitration clause concluded in a contract and an agreement to request arbitration reached in other written forms before or after the dispute arises." The arbitration agreement shall contain the following:

1) an expression of intent to request arbitration; (2) arbitration matters; (3) The selected arbitration commission.

The arbitration agreement between A and B is valid if it satisfies the above requirements for the validity of the arbitration agreement.

Second, according to China's principle of "arbitration or adjudication" in which only one of arbitration and litigation is chosen, as long as there is an arbitration clause or agreement, it is deemed to have waived the form of litigation. Of course, if one party goes to court to file a lawsuit, the other party does not raise an objection. Article 26 of the Arbitration Law:

If the parties reach an arbitration agreement, and one party files a lawsuit with the people's court without declaring that there is an arbitration agreement, and the other party submits the arbitration agreement before the first time after the people's court accepts it, the people's court shall reject the lawsuit, except where the arbitration agreement is invalid; If the other party does not raise an objection to the people's court's acceptance of the case before the first time, it shall be deemed to have waived the arbitration agreement, and the people's court shall continue the trial. ”

Third, C guarantees B, which allows A to apply for arbitration with B and C as co-respondents.

Supplement: For C, its guarantee to B is a subordinate contract of the main contract between A and B, and the dispute resolution method should of course be in accordance with the method agreed in the main contract between A and B, that is, arbitration. If A cannot apply for arbitration with B and C as the joint respondents, it should also apply for arbitration with B as the respondent, and then add C as the judgment debtor at the time of enforcement.

There are no relevant provisions in the Arbitration Law as to whether A can apply for arbitration with C as the respondent alone, and it is sufficient to consult the agreed arbitration institution.

A can ask C to give an indemnity clause, because C was the guarantor of B, so when B breaches the contract, C should bear the corresponding guarantee liability at the beginning.

If A and B agree, and C agrees, C can be added as a third person in the proceedings. It can be decided in arbitration. Of course, you can also sue, and if you do, you can of course add C as a third party.

However, both the previous arbitration agreements A and B should be null and void, otherwise the jurisdiction of the court will be excluded.

Indict. There is no third party provision in the Arbitration Law.

Everything is about evidence, look at the contract.

Originally, if there was an arbitration commission in city C, it would have been to arbitration in city C, but if there is no arbitration commission in city now, it means that your arbitration agreement is invalid, and you can then agree again on the place of litigation, that is, reach a supplementary agreement, and then follow the agreement; If it cannot be reached, in accordance with the provisions of the Civil Procedure Law and the Arbitration Law, according to:"The plaintiff is the defendant"may sue in the people's court where the defendant is located, or in the place where the contract is performed;

And then there is another issue that you should pay attention to, that is, you can choose whether to arbitrate or sue, not that you must arbitrate first and then sue.

Specifically, you can take a look at the Arbitration Law, which has everything.

Hope it helps!

It is true that there are cases in which some people are dissatisfied with the place where the contract is signed and the place where the contract is performed are separately initiated, and it is logically forbidden to ignore the matter and can only be arbitrated in one place.

If the applicant is not satisfied with the arbitration result, he or she may file a lawsuit with a court of competent jurisdiction within 15 days.

The arbitration clause is valid as long as the parties agree on the intention of the parties in the contract and the appointed arbitration institution is clear and unique.

As to the question of whether the clause you mentioned is valid for Company B, the claims and debts of Company B against Company B are a succession relationship, and the arbitration clause is also valid for Company B.

If the arbitration clause is clear, then it is certainly valid and should be applied in this case.

The validity of an arbitration clause is determined by the following points:

1. If both arbitration and litigation are agreed, it shall be invalid;

2. The agreed arbitration institution is not clear and invalid, and no supplementary agreement can be reached;

3. The arbitration matter is invalid outside the scope of the award of the arbitration institution;

In this case, in the absence of the above-mentioned invalidity, although the parties negotiated to terminate the contract, they could still request arbitration on the matter of compensation. In other words, the arbitration clause is not invalid due to the rescission of the contract or the invalidity of the contract.

Invalid, the arbitration institution can only agree on one, unless they can later agree to choose one of them.

If it is invalid, it shall be deemed that the agreement is not clear, and the parties may re-agree on the same arbitration institution afterwards.

e is wrong and should be a valid arbitration agreement.

a d Excludes the jurisdiction of the people's courts.