If the endorsement is independent and separate from the original agreement, the actual content of the dispute should be considered— whether the dispute arises or is related to the content of the original agreement or endorsement, the dispute settlement clause must be decided. While disputes at the same time deal with the content of the original and complementary agreement, it remains unclear what method of dispute resolution should be adopted. If the parties to the dispute opt for arbitration as a method of resolving disputes, they will enter into an arbitration agreement in advance. Although the arbitration process is subject to the agreement of the parties to the dispute, the parties may, in certain circumstances, continue to be the subject of legal challenges to a particular dispute. While there are a number of legal difficulties, this section focuses on jurisdictional disputes that may arise from initial and complementary agreements, for example. B if the parties have a compromise clause in the original agreement, but there is no such consensus in the endorsement, does the compromise clause of the original agreement apply to the endorsement? Where does the compromise clause of the original agreement differ from that of the endorsement, what clause applies? This article will discuss these issues on the basis of real cases and will provide further practical advice under Chinese law. In this case, the application of the dispute resolution mechanism is similar to its application in the situation mentioned above. In the case mentioned in situation b), the endorsement provided that „issues that have not been addressed are resolved by the original agreement.“ However, the Supreme People`s Court of the PRC does not consider this concept to be a test of the dissociability of the original agreement and its addition. In addition, under sections 4 and 16 of the CPP arbitration law, an arbitration agreement will be entered into voluntarily by the parties as it stands and will be clear and precise. In addition, Article 11 of the Interpretation of the Supreme People`s Court on certain matters relating to the application of the arbitral law of the People`s Republic of China provides that „where a contract provides that disputes are settled in another agreement or document, subject to an effective compromise clause, the parties resort to arbitration proceedings in accordance with the above article in the event of a contractual dispute.“ However, Article 11 stressed that the parties agree to apply the „compromise clause“ of another agreement, so that an ambiguous statement „all the issues not mentioned in the original agreement“ is not sufficient. It is important to note that compensation agreements can be made between companies or between a company and an individual. For example, a compensation agreement may be developed to explain payments made to an individual for contract consulting work. This agreement can even deal with things like possible overtime, bonuses or other financial incentives for a good job.
In some cases, the terms of a compensation agreement are folded into the planned scholarship contract. However, this is not always the case, as there may be a more general contract that fulfils the conditions of the work to be performed and the compensation agreement is then used separately to specify the details of the payment. If the endorsement is only an additional part of the original agreement and depends on the original agreement, the compromise clause of the original agreement applies to the endorsement. With regard to the purpose, the Supreme People`s Court ruled that the provisions of the additional agreement were, in this case, improvements to the original agreement and contained additional information on new issues that might arise.