Content and Form of a Request for Arbitration

Apr 07, 2023

Filing a request for arbitration,also called application for arbitration or notice of arbitration, is the firststep to initiate an arbitration. A request for arbitration shall contain: (1) the basicinformation of the parties, including the name, sex, age, occupation, employer,and domicile of each party in the case of …
     

Condition for filing for arbitration

Apr 18, 2023

Condition for filing for arbitration In accordance with The Arbitration Law, a disputing party may file a request for arbitration if:(1) both disputing parties have entered into an arbitration agreement;(2) the request for arbitration includes specific claims, the facts alleged, and the grounds on which the claims are…
     

Acceptance or Rejection of a Request for Arbitration

Apr 07, 2023

In order to be accepted, a request for arbitration shall contain the personal information of the claimant and the respondent, the specific claims and reliefs sought by the claimant, and the facts and grounds on which the claims and reliefs are based. In particular, when amounts or other digits are involved, they should …
     

In What Cases Will a Request for Arbitration Be Rejected

Mar 12, 2023

A request for arbitration will be rejected if: 1. no written arbitration agreement hasbeen reached; 2. the arbitration agreement is held tobe invalid; 3. the disputing parties have reached awritten waiver of arbitration; 4. no arbitration institute has beenspecified; or 5. an award has been made for the samedispute ref…
     

Time Limitation for Accepting or Rejecting a Request for Arbitration

Mar 12, 2023

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…
     

Withdrawal and Deemed Withdrawal of a Request for Arbitration

Apr 07, 2023

According to the Arbitration Law, a request for arbitration or a counterclaim may be withdrawn or deemed withdrawn.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…
     

Deemed Abandonment and Waiver of a Request for Arbitration

Apr 18, 2023

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…
     

Preparation after Acceptance of a Request for Arbitration

Apr 18, 2023

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 …
     
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…
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