BIZCHINA / Company laws
Arbitration Law of the People's Republic of China
Updated: 2006-04-17 10:13
Chapter IV Arbitration Procedure
Section 1: Application and Acceptance for Arbitration
Article 21
The parties applying for arbitration shall fulfil the following
conditions:
1. they must have an arbitration agreement;
2. they must have a specific claim with facts and argument on which the
claim is based; and
3. the arbitration must be within the jurisdiction of the arbitration
commission.
Article 22
The party applying for arbitration shall submit to an arbitration
commission the arbitration agreement, an application for arbitration and
copies thereof.
Article 23
An arbitration application shall state clearly the following:
1. the name, sex, age, occupation, work unit and address of the party,
the name address and legal representative of the legal person or other
organization and the name and position of its person-in charge;
2. the arbitration claim and the facts and argument on which the claim is
based; and
3. evidence and the source of evidence, the name and address of the
witness(es).
Article 24
Within 5 days from the date of receiving the arbitration application, the
arbitration commission shall notify the parties that it considers the
conditions for acceptance have been fulfilled, and that the application
is accepted by it. If the arbitration commission considers that the
conditions have not been fulfilled, it shall notify the parties in
writing of its rejection, stating its reasons.
Article 25
Upon acceptance of an arbitration application, the arbitration commission
shall, within the time limit provided by the Arbitration Rules, serve a
copy of the Arbitration Rules and the list of arbitrators on the
applicant, and serve a copy of the arbitration application, the
Arbitration Rules and the list of arbitrators on the respondent. Upon
receipt of a copy of the arbitration application, the respondent shall,
within the time limit prescribed by the Arbitration Rules, submit its
defence to the arbitration commission. Upon receipt of the defence, the
arbitration commission shall, within the time limit prescribed by the
Arbitration Rules, serve a copy of the reply on the applicant. The
failure of the respondent to submit a defence shall not affect the
proceeding of the arbitration procedures.
Article 26
Where the parties had agreed on an arbitration agreement, but one of the
parties initiates an action before a people's court without stating the
existence of the arbitration agreement, the people's court shall, unless
the arbitration agreement is invalid, reject the action if the other
party submits to the court the arbitration agreement before the first
hearing of the case. If the other party fails to object to the hearing by
the people's court before the first hearing, the arbitration agreement
shall be considered to have been waived by the party and the people's
court shall proceed with the hearing.
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