In this case, the nature of the endorsement should be carefully considered: (d) The original agreement contains a compromise clause and the endorsement has no compromise clause, but provides that “all issues not mentioned are resolved by the original agreement”, unless otherwise stated, the dispute settlement mechanism is subject to the specific agreements of the original agreement or endorsement. The compromise clause in the original agreement does not apply to disputes arising from or related to the endorsement. From the point of view of the design of the contract, both the original agreement and its complement must have specific and specific dispute resolution provisions. In the meantime, it is strongly recommended that the original agreement and its endorsement contain the same dispute settlement clause in order to avoid legal challenges. If the dispute settlement clause of the original agreement differs from that of the endorsement, the legal challenge can be easily invoked by the parties— especially where the contractual disputes concern the content of the two agreements. The exercise should also take into account the different outcomes of arbitration procedures and court proceedings before the dispute resolution mechanism is chosen. While the endorsement is only an additional part of the original agreement, the compromise clause of the original agreement remains applicable. While the endorsement is independent of the original agreement and the issues agreed in the endorsement are dissociable from those of the original agreement, the compromise clause contained in the original agreement cannot necessarily apply to the endorsement. Where the endorsement is independent and separable from the original agreement The name of this type of contract is quite self-explanatory. In a compensation agreement, the parties indicate the amount paid to the other party in compensation for the completion of a deed. Because the compensation agreement is designed to be the subject of a currency change, these agreements generally contain a detailed payment schedule and how payments are made. In this case, the parties agreed in the original agreement that in the event of a performance delay, the other party will have to take the matter to the People`s Court responsible for the dispute. However, the amendment provides that disputes are submitted to the Xiamen Arbitration Commission for conciliation.
Xiamen Intermediate People`s Court has decided that the arbitration clauses of the endorsement must be considered an amendment to the dispute settlement clause contained in the original agreement. Therefore, the compromise clause applies. If the endorsement is independent and separable, it is considered a new contract.