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The procedure of China international arbitration for solving dispute

The procedure for China international arbitration for solving disputes typically follows a structured process that is designed to be fair, efficient, and in line with international standards. Here are the general steps involved in the procedure:

Agreement to Arbitrate: Before initiating arbitration, the parties involved must have previously agreed to resolve their disputes through arbitration. This agreement can be included in the contract between the parties or can be a separate arbitration clause.

Selection of Arbitration Institution: The parties need to agree on the arbitration institution that will administer the arbitration. Commonly used institutions in China include the China International Economic and Trade Arbitration Commission (CIETAC), Shanghai International Arbitration Center (SHIAC), and Beijing Arbitration Commission (BAC).

Initiation of Arbitration: The party wishing to initiate the arbitration (the claimant) submits a written notice of arbitration to the chosen arbitration institution. This notice typically includes details about the parties involved, a summary of the dispute, and the relief sought.

Appointment of Arbitrators: The arbitration institution will assist in the appointment of arbitrators. In some cases, the arbitration agreement may specify the number of arbitrators and the process for their appointment. It is common to have either a sole arbitrator or a panel of three arbitrators.

Preliminary Hearing: Once the arbitral tribunal is constituted, a preliminary hearing may be held. This hearing allows the parties to discuss procedural matters, agree on a timetable, and clarify the issues in dispute.

Exchange of Written Submissions: The parties present their cases by submitting written statements, including the claims, defenses, and supporting evidence. These written submissions help the arbitrators understand the arguments and evidence presented by each party.

Hearings: Depending on the complexity of the dispute and the preferences of the parties, oral hearings may be held. During the hearings, the parties and their witnesses may be examined and cross-examined. The arbitrators may also ask questions to clarify the issues.

Mediation and Settlement: In some cases, the arbitral tribunal may encourage the parties to explore mediation or settlement options before proceeding further with the arbitration.

Issuance of Award: After considering all the evidence and arguments presented, the arbitral tribunal will render its final decision in the form of an arbitral award. This award is legally binding on the parties and will resolve the dispute.

Enforcement of Award: Once the award is issued, the winning party can seek enforcement of the award through relevant courts in China or in other countries that are party to international conventions for the recognition and enforcement of arbitral awards.

It’s essential to note that the above procedure is a general overview, and the specific steps and timelines may vary based on the arbitration institution, the complexity of the dispute, and any specific rules or procedures agreed upon by the parties.

Author of the article: Kevin Liu of Shandong Win and Win Law FIRM



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