A party filing claims or a counterclaim or making amendments to his claims or counterclaim should pay the arbitration fees and costs in advance within the time limit specified in the applicable arbitration rules. If a party requests for a set-off of any claim and such request requires the arbitral tribunal to consider …
An arbitration agreement must bereached out of the free will of both disputing parties rather than underduress. An arbitration agreement reached entered into by a party under duressby the other party will be held to be invalid. According to Article 150 of the Civil Code, a party who commits a civil juristic act contrary…
For how may days do you have to wait for anotice after you file a request for arbitration with an arbitration commissionin China? You need to wait for no more than five (5) daysbefore you are notified whether your request for arbitration has been acceptedor rejected. If your request for arbitration is accepted, thearbi…
If a disputing party files a lawsuit with a people’s court without declaring the existence of an arbitration agreement and the case is admitted, the other disputing party must submit the arbitration agreement before the first hearing of the court and request that the case be dismissed. The people's court shall dismiss …
The validityof arbitration agreements are governed by the provisions of The Civil Code pertaining to the validity of contracts. Therefore, an arbitration agreementsigned by an unauthorized agent on behalf of a disputing party is invalidunless the disputing party: (1) ratifies the arbitrationagreement; or (2) fails t…
According to the Arbitration Law, a request for arbitration or a counterclaim may be withdrawn or deemed withdrawn. In practice or according to arbitration rules, the arbitral tribunal or the chairman of the arbitration commission may decide that the claimant or the defendant, as the case may be, whose request for arbit…
If you find any clerical, typographical, or computational error in thearbitration award or that any issue decided by the arbitral tribunal is omittedin the arbitration award, you may request additions and corrections within 30days from the date of receipt of the award.
If a disputingparty files a lawsuit with a court without declaring the existence ofan arbitration agreement and the case is admitted, the other disputing partymust submit the arbitration agreement before the first hearing of the court to challenge the jurisdiction of the court and request that the case be dismissed. Th…
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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Steve Li 