What is an Administrative Dispute? According to the Arbitration Law of thePeople’s Republic of China, administrative disputes shall not be referred toarbitration. Therefore, it is important to distinguish between civil andadministrative disputes. What is an administrative dispute? Todefine an administrative dispute,…
AreDisputes over Consumers’ Interests ArbitrableThe answeris yes.The Arbitration Law excludes two types ofdisputes from arbitration, i.e., disputes relating to family, marriage,adoption, succession, and other issues involving personal relationship, anddisputes over administrative issues that fall under the jurisdiction…
Lawsuit Prohibitedafter Arbitration Where an award has been made by an internationalarbitration institution of the People's Republic of China, neither disputingparty may file a lawsuit with a people's court based on the same dispute underthe award. Where either party fails to comply with the award, theother party may fi…
Scope of Arbitration - Equal LegalStatus Arbitration only resolves disputesbetween parties of equal legal status, i.e., individuals, legal entities,and/or other organizations of equal legal status arising out of or inconnection with contracts or over property rights or interests in accordance with The Arbitration Law. I…
Seat of Arbitration The seat of arbitration may be agreed upon by the disputing parties. In the absence of such an agreement or their agreement is not clear enoughto determine a specific seat of arbitration, the arbitration proceedings may beconducted at the domicile of the arbitration commission or other placedetermine…
Independence and Impartiality in Renderingan Award in International Arbitration Arbitrationshall serve the purpose of settling disputes in impartial and reasonablemanners based on facts and according to law. Arbitration shall be conductedindependently according to law without being interfered by any administrativeautho…
Nonpublic Proceedings and Confidentiality in InternationalArbitration Arbitrationproceedings shall be conducted in nonpublic manners. If the disputing partiesagree that they may take place in public and no state secrets are involved,they may take place in public with the permission of the arbitral tribunal. If thearbitr…
a) Claimant’s failure to appearIf a claimant fails to appear at a hearing absent good cause shown after he has been notified in writing by the arbitral tribunal or leaves the arbitration room without the permission of the arbitral tribunal during an on-going hearing, his request for arbitration will be deemed to have b…
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/
Robert Zhang 
Steve Li 