The classification screen

5 questions before you choose the route.

This page identifies the right question and evidence. It does not determine the legal outcome on a reader’s facts.

01

Choose litigation vs arbitration

Establish the specific facts and legal significance of choose litigation vs arbitration for this route.

Decision factor
02

Identify valid court/institution

Establish the specific facts and legal significance of identify valid court/institution for this route.

Decision factor
03

Test governing law and mandatory PRC rules

Establish the specific facts and legal significance of test governing law and mandatory prc rules for this route.

Decision factor
04

If arbitrating, specify seat/rules/language

Establish the specific facts and legal significance of if arbitrating, specify seat/rules/language for this route.

Decision factor
05

Plan interim relief/service/evidence/enforcement.

Establish the specific facts and legal significance of plan interim relief/service/evidence/enforcement. for this route.

Decision factor

Working rule: Draft the clause backwards from enforceability and asset location, not from boilerplate.

What changes the answer

The signal ledger.

These facts move the question beyond a label and into a product, money-flow and control analysis.

Signal
Ask the operating question
Why it changes the route
Forum choice
Is it valid?
An invalid forum selection can make the dispute clause ineffective.
Court/institution
Clearly identified?
The selected court or arbitral institution must be identified with sufficient certainty.
Governing law
Mandatory PRC rules?
Mandatory PRC rules may apply despite the parties’ chosen law.
Seat/rules/language
Internally consistent?
These choices control procedure, court supervision and practical case management.
Interim relief/enforcement
Where are assets/evidence?
Asset and evidence locations affect preservation and eventual enforcement.
Prepare before you escalate

Bring a compact evidence docket—not a pitch deck.

Give a compliance team or counsel the operating facts that reveal the perimeter.

01legal names/domicilesVerify the correct legal entity and respondent identity.
02performance/evidence locationsEstablish the territorial facts relevant to forum and service.
03asset mapLocate property for preservation and enforcement planning.
04draft clauseTest the proposed forum, law, procedure and enforcement language before signing.
05confidentiality/interim-relief needsEstablish the specific facts and legal significance of confidentiality/interim-relief needs for this route.

Primary authorities

Reviewed sources support orientation, not a fact-specific assessment.

NPC — PRC Arbitration Law (2025 revision, effective 2026)www.npc.gov.cn
NPC — 2023 Decision Amending the PRC Civil Procedure Lawwww.npc.gov.cn
NPC — PRC Law on Choice of Law for Foreign-Related Civil Relationshipswww.npc.gov.cn