Fashi [2000] No. 25, adopted at the 1,126th Meeting of the Judicial Committee of the Supreme People's Court on July 20, 2000; promogulated on August 8, 2000, effective from August 12, 2000.

High People's Court of Shandong Province: 

This is to acknowledge receipt of your Request for Instruction on “Issues Concerning Which Level of People's Court has Jurisdiction over the Objection Raised by a Party to the Validity of Arbitration Agreement and How Does the People's Court Make the Decision” (Lu Gao Fa [1998] No. 144). On deliberation, we reply as follows: 

With respect to the first question in your Request for Instruction, where a party raises an objection to the validity of an arbitration agreement after the parties have agreed to select a domestic arbitration institution for arbitration, the intermediate people's court of the place where the arbitration commission is located shall have jurisdiction over the case. Where the parties have failed to reach an agreement or have reached an inexplicit agreement on an arbitration commission, the intermediate people's court of the place where the defendant is located shall have jurisdiction over the case. 

As to the issue concerning the second question in your Request for Instruction, explicit statements have been covered in Fashi [1998] No. 27, therefore we will not reply to this question again.

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最高人民法院关于当事人对仲裁协议的效力提出异议由哪一级人民法院管辖问题的批复

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.