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 based; and

(3)  the dispute falls within the jurisdiction of the arbitration commission.

A claimant must submit an arbitration agreement and a request for arbitration and the copies thereof to the arbitration commission according to the applicable arbitration rules.

b) Time limit for acceptance or rejection

In accordance with The Arbitration Law, the time period for accepting or rejecting a request for arbitration is 5 days. Within 5 days of receipt of a request for arbitration and other submissions, the arbitration commission will decide whether to accept or reject the request after considering whether the filing requirements have been satisfied and notify the claimant of the acceptance or notify the claimant in writing of the rejection stating the reasons for rejection.

If the request for arbitration is rejected due to absence of an arbitration agreement, invalidity of the arbitration agreement submitted, or unarbitrability of the dispute, the disputing parties may reach a new arbitration agreement and refer to arbitration again or file a lawsuit with a people’s court of competent jurisdiction.

"Absence of an arbitration agreement" means that the parties have not reached an arbitration agreement. Where an arbitration agreement is held invalid or revoked, it shall be deemed absence of an arbitration agreement.