I. There generally must be an arbitration
clause in your contract or a separate arbitration agreement
with the business partner if you (your company) apply for
arbitration here.
II. Meanwhile, the following documents
are to be submitted:
A. Written Application For Arbitration (including documentary
evidences)
If the total claim amount is less than 500,000 Chinese
RMB (about 6,0241USD), Summary Procedure shall apply, and
three sets of Written Application For Arbitration are needed.
If the total claim amount is over 500,000 Chinese RMB (about
6,0241USD), or no clearly defined monetary amount is involved
in the claims, ordinary procedure other than Summary Procedure
shall apply, and five sets of Written Application For Arbitration
are needed.
If more than one Respondent is listed, one more set of
Written Application For Arbitration is needed for every
one more Respondent added.
B. Original Power of Attorney is to be submitted if any
agent is asked to act on your behalf.
C. If interim measure of protection of property or evidence
is necessary, please submit two originals of Written Application
for Interim Protection of Property/Evidence and one more
set of Written Application For Arbitration, and inform CIETAC/CMAC
in writing which specific court of law the Written Application
for Interim Protection of Property/Evidence should be forwarded
to and its address, post code and telephone number, etc..
D. An original of the certificate of the legal representative
of the corporation, xeroxed copies of the business license,
etc., are to be submitted.
III. Pay an arbitration fee deposit to
the Arbitration Commission according to the Arbitration
Fee Schedule of the CIETAC/CMAC Arbitration Rules. In principle,
the arbitration fee shall be borne by the losing party.
IV. Please also be aware:
The texts of Written Application For Arbitration must
bear the signatures and/stamps. As for documentary evidences,
when applying for arbitration, usually the xeroxed copies
are needed other than the originals, which should be brought
to the oral hearing for examination and cross-examination.