In case of a dispute over the validityof an arbitration agreement, the disputing parties may request the arbitrationcommission designated or a people’s court of competent jurisdiction todetermine whether it is valid. And a people’s court has priority over anarbitration commission in this respect, i.e., the decision wi…
If thedisputing parties agree that the arbitral tribunal is to be composed of a solearbitrator, they shall jointly select or request the chairman (or president) ofthe arbitration commission to appoint a sole arbitrator within the time periodspecified in the applicable arbitration rules.If thedisputing parties agree that…
After arequest for arbitration is accepted, the arbitration commission will serve acopy of its arbitration rules and roster of arbitrators on the claimant and acopy of the request for arbitration, arbitration rules, and roster ofarbitrators on the respondent within the time period specified in theapplicable arbitration …
If the parties agree that they may resolvetheir disputes through either arbitration or litigation, the arbitrationagreement or arbitration clause shall be deemed invalid. Provided, however, that the arbitrationagreement shall be deemed valid if either party files a request for arbitrationwith an arbitration institution …
When hearing a case for determination of thevalidity of an arbitration agreement, the people's court shall appoint acollegial panel to review the case and make inquiries of the parties. The review of the validity of aninternational arbitration agreement shall be governed by the law agreed upon bythe parties, or the law …
a) Time Period for Submitting an AnswerAfter 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 …
Grounds for challenge and removal. In accordance with The Arbitration Law, an arbitrator shall be removed from the case, and either party may challenge an arbitrator, if the arbitrator:(1) is a party to the case or a close relative of either party or either party's representative;(2) has an interest in the case;(3) is o…
a) Conditions for CounterclaimAccording to The Arbitration Law, the respondent may admit or rebut the claims of the claimant or file a counterclaim.A counterclaim is a cross-claim brought by a respondent that asserts an independent cause of action but is not also a defence to the claim made of the claimant. A countercla…
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