Time Limitations in Arbitration in China



shall or may

time limitation

Arbitration commission

accept or reject a request for arbitration

within 5 days of receipt

Arbitration commission

serve a copy of the arbitration rules and roster of arbitrators on the claimant and a copy of the request for arbitration, arbitration rules, and roster of arbitrators on the respondent

within the time period specified in the arbitration rules

Respondent

submit an answer

within the time period specified in the arbitration rules

Arbitration commission

serve a copy of the answer on the claimant

within the time period specified in the arbitration rules

Arbitration commission

notify the parties of the date of hearing

within time period specified in the arbitration rules

Either party

request a postponement of the hearing

within time period specified in the arbitration rules

Either party

request additions and corrections

within 30 days from the date of receipt of the award

Either party

petition for vacation of an award

within 6 months from the date of receipt of the award

Court

notify the arbitral tribunal to re-arbitrate

within the time period specified by the court

Both parties

jointly request judicial confirmation of their mediation agreement

within 30 days from the effective date of the mediation agreement

Court

accept or reject a petition for preservation in case of an emergency

within 48 hours of receipt

Court

accept or reject a petition for a payment order

within 5 days of receipt

Court

issue a payment order or make an order to dismiss the petition

within 15 days from the date of acceptance

Obligor

pay off the debt or file a written challenge

within 15 days from the date of receipt of the payment order

Court

notify the payer to suspend payment and publish a public notice for claims

within 3 days of receipt of a petition for publication of a public notice for claims

Interested party

declare his claim

before the making of a decree

Interested party

file a lawsuit

within 1 year from the date when he knew or ought to have known of the publication of the decree if he fails to declare his claim before the making of the decree for good cause

Court

review the challenge to an enforcement action filed by the party seeking enforcement, the party against whom enforcement is sought, or an interested party and make an order to vacate or rectify the enforcement

within 15 days from the date of receipt of the challenge

The party challenging the order to vacate or rectify the enforcement

file a petition with the court at the next higher level for reconsideration

within 10 days from the date of service of the order

Court at the next higher level

order the original enforcement court to complete the enforcement action

within a time period specified by the court at the next higher level

Enforcement court

review the written challenge to the subject matter of enforcement filed by an interested party and make an order to suspend the enforcement or dismiss the challenge

from the date of receipt of the challenge

the party seeking enforcement, the party against whom enforcement is sought, or an interested party

file a lawsuit if they challenge the above order and their challenge is irrelevant to the original decree or order to be enforced

within 15 days from the date of service of the order

Court receiving a request for enforcement from another court

start to take an enforcement action

within 15 days upon receipt of the request


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…

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.
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