"Order payment is arbitrable" means that in a sales contract, it is agreed that if the buyer fails to pay for the goods as stipulated, the seller has the right to submit the payment dispute to arbitration, and the arbitral award is binding on both parties. This term is commonly found in contract clauses under settlement methods such as letters of credit, documentary collections, or open account sales, and is especially suitable for transactions where the counterparty's credit status is unclear or in high-risk countries/regions. Use cases include: contract payment clauses, dispute resolution clauses, supplementary agreements, etc. Notes: The arbitration institution, place of arbitration, arbitration rules, and language must be clearly specified; otherwise, the clause may be invalid. Cross-border enforcement of arbitral awards depends on the New York Convention; if the counterparty's country is not a signatory, enforcement is difficult. Compared with litigation, arbitration is more confidential and efficient but more expensive; as opposed to "non-arbitrable," which means certain disputes (such as those involving public policy) cannot be arbitrated. Foreign trade practitioners should ensure that the arbitration clause is consistent with other clauses of the main contract (such as payment time and liquidated damages) to avoid ambiguity.
📝 Examples
1. This contract stipulates that order payment is arbitrable; if the buyer delays payment for more than 30 days, the seller has the right to submit the dispute to the China International Economic and Trade Arbitration Commission for arbitration. (Note: Specify the arbitration institution in the contract to ensure that payment disputes can be resolved efficiently.)
2. Given the poor arbitration enforcement environment in the counterparty's country, we recommend adding to the "order payment is arbitrable" clause that the place of arbitration be Singapore and that the New York Convention apply. (Note: By choosing a favorable place of arbitration, cross-border enforcement risks are reduced.)
💡 Foreign Trade Tips
Foreign trade terms are the foundation of international business communication
Trade practices may vary slightly by country; pay attention when using them
When using terms in contracts, specify the applicable version (e.g., Incoterms 2020)
For unfamiliar terms, use GlobalSync's multilingual email helper to confirm with your partner