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| Tel £º0398-2511067 |
| Tax £º0398-2899360 |
| Add: No.36,Xiaoshan West Road, Sanmenxia, Henan Province |
| Postcode £º472000 |
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¡¡The parties applying for arbitration shall fulfill 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;
¡¡¡¡3. The application must be within the jurisdiction of the arbitration commission.
¡¡Application and acceptance
¡¡The parties applying for arbitration shall submit the following evidence and material:
¡¡¡¡1.An arbitration application shall state clearly the following proceedings:
¡¡¡¡(1)The name, sex, age, occupation, work unit and address of the applicant, the respondent and his agent, ¡¡the name, address and the name of legal representative of the legal person or other organization, or the name and position of its person-in-charge;
¡¡¡¡(2) The arbitration claim and the facts and argument on which the claim is based;
¡¡¡¡(3) Evidence and the source of evidence, the name and address of the witness;
¡¡¡¡(4) Application date.
¡¡¡¡2. Arbitration agreement.
¡¡¡¡3.The identification document of the parties' principal part qualification.
¡¡¡¡4. Contract wording and its inclosure.
¡¡¡¡5. Evidence material which can support his arbitration claim.
¡¡¡¡6. If the parties apoint an agent to handle the arbitral matter, a letter of authorization shall be submitted.
¡¡Composition of the Arbitral Tribunal
¡¡¡¡1. The parties shall select the arbitrators in the time limit prescribed by the arbitration rules of the arbitration commission.
¡¡¡¡(1)When the parties have agreed to have three arbitrators to form an arbitration tribunal, each of the parties shall appoint one arbitrator or entrust the Chairman of the Arbitration Commission to make such appointment. The third arbitrator shall be jointly appointed by the parties or appointed by Chairman of the Arbitration Commission upon the parties' joint authorization.
¡¡¡¡(2)When the parties have agreed to have one sole arbitrator, the arbitrator shall be appointed jointly by the parties or by Chairman of the Arbitration Commission upon the parties' joint authorization.
¡¡¡¡2. If the parties fail to jointly appoint the formation of the arbitration tribunal and arbitrators, the Chairman of the Arbitration Commission has the right to appoint the formation of the arbitration tribunal and arbitrators.
¡¡Hearing and Award
¡¡¡¡1. The arbitration tribunal shall hold oral hearings. With both parties' consent, oral hearings may be omitted and thus the arbitration tribunal shall examine the case and make an award on the basis of the Application for Arbitration, written defense and other documents.
¡¡¡¡2. Arbitration shall not hear cases in open session. If both parties have agreed, a hearing may be held in open session except the national secrets involved.
¡¡¡¡3. The arbitration tribunal shall render an arbitral award within 3 months as from the date on which the Claimant modifies his claim o the Respondent lodges his counterclaim.
¡¡¡¡4. When there are specific reasons for extension of the 3-month time limit, the presiding arbitrator or the sole arbitrator may make a request. The Arbitration Commission may extend the 3-month time limit if the Chairman of the Arbitration Commission deems that the reasons for extension are jutisfied.
¡¡¡¡5. The arbitral award is derbier and has a sanction to both the parties.
¡¡¡¡6. The arbitration tribunal shall render an award within 2 months from the date of the formation. The time limit could be extended by the approval of the Director of the Arbitration Commission if necessary. |