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Location: Home > Trade > Arbitration > text

 

Necessary Formalities on Applying for Arbitration

 

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.

 

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