Discussing the resolution of disputes arising from commercial activities when the plaintiff files a lawsuit without an arbitration agreement

Abstract

The arbitration agreement between parties serves as the basis for a statement of claim to be accepted by commercial arbitration centers for dispute resolution. However, an arbitration agreement does not solely exist within the contract; it can also be established after the contract is signed or during the dispute resolution process. This article discusses legal regulations and practical resolutions at arbitration centers and people's courts concerning disputes where one party files a claim with an arbitration center despite the absence of an existing arbitration agreement. Based on this, the article offers recommendations for parties involved in disputes arising from commercial activities without an arbitration agreement, enabling them to resolve such disputes through arbitration in accordance with the law.