Time limit for challenge to arbitrators

Apr 18, 2023

TheArbitration Law states that a challenge of anarbitrator shall be filed before the first hearing, or may be filed before theclosing of the last hearing if the reasons for challenge become known to thechallenging party after the first hearing. According to the arbitration rulesof CIETAC, SHIAC, SCIA, ZCIA (Zhuhai Court…
     

In What Cases Will an Arbitration Agreement Be Deemed Invalid

Apr 05, 2023

An arbitration agreement is deemed invalidif: (1) the issues to be arbitratedagreed upon under the arbitration agreement are beyond the scope of arbitrationspecified by law; Disputes that may not be referred toarbitration include: a. disputes over marriage, adoption, guardianship, child maintenance, orinheritance…
     

Amendment to a Claim or Counterclaim

Apr 18, 2023

According toArticle 27 of The Arbitration Law, Aclaimant may waive or amend his claims in arbitration, and a respondent mayadmit or rebut the claims of the claimant or file a counterclaim. Provided,however, that a request for any such amendment shall be based on justifiedreasons and subject to approval by the arbitral t…
     

Replacement of Arbitrators

Apr 18, 2023

Where an arbitrator becomes unableto serve in accordance with the requirements of or within the timeperiod specified in the applicable arbitration rules due to removal,health condition, resignation, retirement, or other reasons, the chairman ofthe arbitration commission, at his sole discretion, shall decide whether tore…
     

Repetition of proceedings after replacement of an arbitrator

Apr 18, 2023

Where a new arbitrator has beenselected or appointed for any reason, the arbitral tribunal may decide, at itssole discretion or by majority, whether and to whatextent the previous proceedings in the case will be repeatedat the request of either party or on its own initiative.If the arbitral tribunal decides to repeat al…
     

Examination and Cross-examination in International Arbitration

Apr 26, 2023

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…
     

Challenge over the Validity of an Arbitration Agreement

Apr 15, 2023

Where a party challenges thevalidity of an arbitration agreement, he may request the arbitration commissionto make a decision or a people's court of competent jurisdiction to make anorder. A challenge over the validity of an arbitration agreement must be filedbefore the arbitral tribunal proceeds with the first hearing.…
     

Can you refer a dispute over copyrights to arbitration in China?

Dec 20, 2023

Can you refer a dispute over copyrights toarbitration in China?Yes. Disputes over copyrights arecommercial disputes in nature, and may be arbitrated by arbitration commissionsin China.Such disputes fall under the jurisdiction of arbitration commissions accordingto the Arbitration Law of the People’s Republic of China,…
     
<1... 5678...11>
Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…
Hot Articles
Brief Introduction of International Arbitration in China
In the context of economicglobalization, international commer…
Reference to The Civil Procedure Law
Accordingto Article 73 of The Arbitration Law,international a…
Procedures for Preservation
Article103 Where a decree may becomedifficult to enforce …
Procedure for Advance Enforcement
Article109 Upon receipt of a petition, thepeople's court …
Different results of a settlement agreement and an arbitration award based on a settlement agreement
According to Article 49 of the ArbitrationLaw, the disputing …
Circumstances under Which a Petition for Preservation of Evidence May Be Filed
Whereany evidence may be destroyed or become difficult to obt…

ABOUT AUTHOR

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.
Email: elitelawyers@outlook.com
My blog: http://shanghailawfirm.net/