Hearing

In international arbitration in China, a hearing shall be held unless the parties agree not to hold a hearing, in which case the arbitral tribunal may make an award according to the request for arbitration, the answer, and other submissions.

Regardless of whether a hearing will be held, the arbitral tribunal shall remain impartial and independent in deciding the case and afford reasonable opportunities to both disputing parties to express their opinions.

A case may be decided only based on the submissions of the disputing parties without holding a hearing or by any other means, e.g., by an inquisitorial or adversarial approach, by issuing procedural directions and lists of questions, or holding pre-hearing meetings and preliminary hearings (see Article 35 of CIETAC Arbitration Rules and Article 29 of SHIAC Arbitration Rules), etc., if the arbitral tribunal deems appropriate and with the consent of both disputing parties.