Amendment to a Claim or Counterclaim

According to Article 27 of The Arbitration Law, A claimant may waive or amend his claims in arbitration, and a respondent may admit or rebut the claims of the claimant or file a counterclaim.

Provided, however, that a request for any such amendment shall be based on justified reasons and subject to approval by the arbitral tribunal, or by the arbitration commission before an arbitral tribunal has been appointed. A request for amending a claim or counterclaim may be denied if the requesting party fails to show good cause or if such amendment causes a material delay which may affect the arbitration proceedings, is unfair to the other party, or is otherwise inappropriate.

The provisions of arbitration rules governing submission of a request for submission, acceptance/rejection, notice of arbitration, answer/statement of defense, etc., may apply, mutatis mutandis, to the submission or acceptance of and defence to the amendments to a claim or counterclaim.

The party who makes an amendment to his claim or counterclaim is obligated to pay additional arbitration fee if the amount of his claim or counterclaim is increased.

An amendment to a claim or counterclaim shall be without prejudice to the application of the summary or expedited procedure. Provided, however, that if the amount of the amended claim or counterclaim exceeds a certain amount (for example, RMB 5,000,000 under CIETAC Arbitration Rules, RMB1,000,000 under SHIAC and SHIAC FTZ Arbitration Rules, RMB 3,000,000 under SCIA Arbitration Rules, etc.), the ordinary procedure shall be applied unless the parties agree upon the continuous application of the summary or expedited procedure.