Answer to a Request for Arbitration

a) Time Period for Submitting an Answer

After receiving a copy of the request for arbitration which has been accepted, the respondent shall submit an answer (also called “statement of defense”, etc.,) to the arbitration commission within the time period specified in the applicable arbitration rules. Such a time period may be different under different arbitration rules, for example, 45 days from the date of receipt of the notice of arbitration according to the arbitration rules of CIETAC, SHIAC, etc., and 20 days under SCIA Arbitration Rules, upon receipt of the notice of arbitration from the arbitration commission.

b) Extension of the Time Period for Submitting an Answer to a Request for Arbitration

A respondent may request an extension of the time period for submitting an answer or a statement of defense with good cause shown. The request will be accepted or denied by the arbitral tribunal at its sole discretion, or by the secretariat at his sole discretion if an arbitral tribunal has not been appointed.

c) Signature and/or Seal of the Answer to a Request for Arbitration

An answer must be signed and/or sealed by the respondent and/or his representative or attorney and include the information provided for under the arbitration rules, including but not limited to the name, address, and contact details (phone, telex, fax, telegraph, email or any other means of electronic telecommunications) of the respondent and his representative or attorney.

d) Content of an Answer to a Request for Arbitration

It should contain the person information of the respondent and his representatives/attorneys, if any, including but not limited to the name, address, and detailed contact information; preliminary comments on the dispute, his response or defense to the claims of and reliefs sought by the claimant and the facts and grounds on which the defense is based, and should be accompanied by the documents and other evidence to support the respondent’s defense as well as copies of the respondent’s ID documents.

e) Delayed Submission of an Answer to a Request for Arbitration

If an answer or a statement of defense is submitted beyond the time period specified by the arbitration rules, it may be accepted or denied, at the sole discretion of the arbitral tribunal.

Failure to Submit an Answer

The respondent’s failure to submit an answer or statement of defense shall be without prejudice to the arbitration proceedings.