Preparation for the Hearing of an Arbitral Case in China
Last Updated on Thursday, 12 June 2008 09:13 Written by Xiaowei Wang Thursday, 12 June 2008 00:37
To do a good preparation for the hearing of an arbitral case in China, the following aspects are recommended：
a）procedural preparation
Generally, if the parties choose an arbitration commission in their arbitration agreement, they shall be considered to have agreed that the arbitration rules of the chosen arbitration commission shall apply, so it’s quite important to know the content of the arbitration rules. When accepts an application, the arbitration commission will deliver to the parties the notice of acceptance and its attachment, such as the arbitration rules, the list of arbitrators. Carefully reading these documents helps a lot for the parties to claim their rights in the hearing of the arbitration case.
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Arbitration Agreement: the Basic of Arbitration in China
Written by Xiaowei Wang Thursday, 22 May 2008 00:51
In accordance with article 4 of the Arbitration Law of China, if parties want to resolve their disputes through arbitration, they should reach an arbitration agreement at first. The application will not be accepted by the arbitration without an arbitration agreement between the parties. So the arbitration agreement is the basic of arbitration in China.
One important rule is that the arbitration agreement is deemed severable from the underlying contract. The arbitration agreement will continue to be bond to the parties even upon termination or suspension of the underlying contract.
The arbitration agreement may be described in the underlying contract or be reached in written form after the dispute has arised and the following elements are required in an integrated arbitration agreement:
Read more: Arbitration Agreement: the Basic of Arbitration in China
