In international arbitration in China, a hearing shall be held unlessthe parties agree not to hold a hearing, in which case the arbitral tribunalmay make an award according to the request for arbitration, the answer, andother submissions. Regardless of whether a hearing will beheld, the arbitral tribunal shall remain im…
If a hearing is to be held ininternational commercial arbitration, a notice of hearing will be served on thedisputing parties within the time period specified under the applicablearbitration rules, e.g., 20 days underthe arbitration rules of CIETAC, SHIAC, and SCIA, 10 days under the SCIAArbitration Rules, before the fi…
If a case isto be decided only on the basis of the documents submitted by the partieswithout holding a hearing, any and all the evidence shall be submitted to thearbitral tribunal or the secretariat within the time period specified by thearbitral tribunal or the arbitration rules, with a copy forwarded to the otherparty…
Majority Opinion in Rendering an Award in InternationalArbitration in China According tothe Arbitration Law of the People’s Republic of China, an arbitration awardshall be made based on the opinions of all the three arbitrators in the case ofa three-arbitrator tribunal. If they cannot reach a majority opinion, the awar…
Record of Hearing in InternationalArbitration a) Transcript orWritten Record The arbitral tribunal shall arrange for preparing atranscript or written record of the hearing. An international arbitral tribunalmay prepare a transcript or summary transcript of the hearing, and the summarytranscript may be signed or sealed …
China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
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