competence-competence doctrine in China ..... Continued

-Because of the Competence-competence rule in China,  CIETAC the arbitration institution  tried to overcome the drawbacks of it. CIETAC designates it power to the arbitral tribunals to decide on their own jurisdiction. See Article 6(1) of CIETAC's 2005 RULES.

Therefore, in practice, arbitral tribunal will submit its opinion to the arbitration institution if the respondant challenges the jurisdiction of the arbitral tribunal. The arbitration institution will make the final decision. Generally, arbitration institution will respect arbitral tribunal's view.