The arbitration procedure begins when the parties apply to an arbitration institution for arbitration. After receiving the arbitration application report submitted by the parties, the Arbitration Commission considers that it meets the trial situation, and issues a notice of hearing to the applicant within five days from the date of receiving the arbitration application report, and at the same time issues a notice of arbitration and its attachments to the dissenter. After receiving the notice of hearing or arbitration, other parties should do the following: the applicant must pay the arbitration fee in advance within the prescribed time limit, otherwise it will be deemed that the applicant has revoked the arbitration application; The dissenter may submit a statement of defense to the arbitration commission within the time required by the arbitration notice.
Do a good job in checking and sorting out direct evidence, and submit and fill in direct evidence when necessary; Immediately submit the arbitrator's appointment letter, certificate of legal representative, power of attorney and other relevant original materials; In the case of the disappearance of the dissident, the applicant should actively look for his landing place and submit the exact residence of the dissident to the arbitration commission, otherwise the arbitration procedure will be endangered; If the dissenter wants to make an arbitration counterclaim clearly, he needs to make it clearly within the time required by the arbitration standard. In addition, both parties have the right to apply to the Arbitration Commission for court enforcement and evidence preservation, and have the right to entrust criminal defense lawyers and other clients to conduct arbitration activities.
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Both parties shall undertake to form an arbitration tribunal and select arbitrators within the specified time. If the parties fail to commit to form an arbitration tribunal or select an arbitrator within the specified time, it shall be appointed by the person in charge of the Arbitration Commission. After the formation of the arbitration tribunal, the arbitration commission shall issue a notice of formation to other parties. After receiving the notice of the hearing, if the parties have concerns about the fairness and justice of the arbitrator, they may explicitly apply for withdrawal before the first hearing, and shall explain the reasons at the same time. If you know the reason for withdrawal after the first hearing, you can clearly put it forward before the end of the last hearing. After avoiding the re-selection or appointment of arbitrators, the parties may request to re-conduct the arbitration proceedings that have already been conducted, and whether it is allowed or not shall be decided by the arbitration tribunal.
hear a case
The Arbitration Commission shall notify the other parties of the date of the hearing within the time required by the arbitration standards. After receiving the notice of hearing, the parties should pay attention to the following difficult problems: if the parties are really in difficulty and cannot appear in court on the specified hearing date, they can explicitly request the arbitration tribunal to postpone the hearing within the time required by the arbitration standards. Whether to grant or not shall be decided by the arbitration tribunal. If the applicant fails to appear in court without reason after being notified in writing or fails to appear in court halfway without the permission of the arbitration tribunal, it shall be deemed that the arbitration application has been revoked. If the dissenter fails to appear in court without reason or adjourns the court without the consent of the arbitration tribunal, the arbitration tribunal may make an award by default.
During the hearing, the parties have the right to debate and state the final plan. The parties shall strictly enforce the organizational discipline of the trial. After applying for arbitration, the parties have the right to mediate independently. If a settlement is reached, the arbitration tribunal may be required to make an award based on the settlement, or the arbitration application may be withdrawn. In the course of the trial, if the parties negotiate on their own, priority can be given to negotiation under the auspices of the presiding judge of the arbitration tribunal. If the negotiation is successful, the arbitration tribunal shall make a civil conciliation statement according to the reached conciliation agreement, and the parties may request the arbitration tribunal to make an award according to the civil conciliation statement. If negotiation fails, the arbitration tribunal shall make an award immediately. If the arbitration tribunal considers the professional issues to be evaluated, it may be evaluated by an evaluation unit jointly agreed by the parties, or by an evaluation unit designated by the arbitration tribunal, and the evaluation fee shall be paid by the parties in advance.
Ruling link
After the arbitration tribunal clearly investigates the objective facts of the objection and announces the adjournment, it shall conduct the arbitration tribunal's deliberation and make an award according to the suggestions of the majority of arbitrators in the deliberation. If the arbitration tribunal cannot make a majority of the recommendations, it shall make an award according to the recommendations of the highest arbitrator. In the process of arbitration, other parties have the following kinds of control rights: they have the right to stipulate that the arbitral tribunal should give priority to the objective facts that have been known for a long time according to specific circumstances. Within 30 days after receiving the award, the parties have the right to apply to the arbitration tribunal to correct the text, calculation errors or omissions in the award. After receiving the award, other parties shall take the initiative to implement the arbitration award. The decision must be made within 50 days (up to 65 days) after approval.