Where it deems it necessary, thearbitral tribunal may decide to collect evidence through investigations on itsown initiative or at the request of a disputing party. When the arbitral tribunal collectsevidence through investigations, it shall/may notify the disputing parties tobe present at the site where necessary. Eith…
If a party to an arbitration case in the PRC is a foreignindividual or entity without a domicile in the PRC, he must have his IDcertificate or business license, power of attorney, and other necessarycertificates and documents notarized by a notary office in the country wherethe he is located and authenticated by the emb…
Generally, the parties are barred from making statements which disagree with the facts or evidence that are admitted during the preparatory stage before the hearing. If such a statement is made, the party will be ordered to explain the reasons, and if necessary, to provide appropriate evidence. The disagreeing statement…
The following evidence may not be used as the sole basis for ascertaining the facts of a case:(1) statements of the parties;(2) testimony of a person without capacity or with limited capacity for civil acts that is not commensurate with his age, intelligence, or mental conditions;(3) testimony of a witness who is an int…
The arbitral tribunal may consult anexpert on a fact in issue of the case that requires professional knowledge orexperience. Where it deems it necessary, an appraiser may be appointed toconduct an appraisal and submit an appraiser’s report.Either disputing party, or bothdisputing parties jointly, may submit a request f…
Scope of Arbitration - Equal LegalStatus Arbitration only resolves disputesbetween parties of equal legal status, i.e., individuals, legal entities,and/or other organizations of equal legal status arising out of or inconnection with contracts or over property rights or interests (see Article 2, The Arbitration Law of th…
The answer is positive.The PRC Arbitration Law excludes two typesof disputes from the jurisdiction of arbitration institutes, disputes over familyand marital relations and disputes that fall under the jurisdiction ofadministrative authorities. In addition, disputes between employers and employeesmust first be arbitrated…
Is a dispute over a partnership agreement arbitrable?Yes. Provided that there must be a valid arbitrationagreement or arbitration clause pertaining to such partnership agreement.A dispute over a partnership agreement falls withinthe scope of arbitrable disputes stipulated in Article 2 of The Arbitration Law,i.e., “dis…
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