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With the increase of motor vehicles in China every year, road traffic accidents are on the rise, which will cause certain economic losses to some extent. Some of them will be solved soon, some will be delayed for about a year, and some will be postponed indefinitely. So what if the problem is not solved for a long time? Now it is up to us to answer and explain the compensation procedures and problems needing attention in the arbitration of traffic accident damage compensation disputes.
First, the traffic accident arbitration compensation procedure
Applying for arbitration means that after a traffic accident, the parties concerned request the arbitration institution agreed in the arbitration agreement to arbitrate and solve the dispute according to the arbitration agreement voluntarily concluded by both parties.
After a traffic accident, in addition to resolving disputes through mediation or litigation, disputes over tort damages caused by traffic accidents can also be resolved through arbitration.
Applying for arbitration refers to the behavior that after a traffic accident, the parties request the arbitration institution agreed in the arbitration agreement to arbitrate and solve the dispute according to the arbitration agreement reached by both parties voluntarily.
1, arbitration preparation.
After accepting the arbitration application of the parties, the Arbitration Commission shall serve a copy of the arbitration award, the arbitration rules and the roster of arbitrators on the applicant within the prescribed time limit; Secondly, a copy of the respondent's defense will be delivered to the arbitration applicant within the prescribed time limit, and the respondent's failure to submit the defense will not affect the arbitration proceedings. The arbitration tribunal shall be composed of arbitrators selected by the parties or designated by the chairman of the Arbitration Commission, and may also be composed of 1 or 3 arbitrators.
2. arbitration.
To conduct a substantive and comprehensive trial of the dispute over compensation for traffic accident damages that the parties apply for arbitration, and make an arbitration award. Arbitration is generally held in private. If the parties agree to make it public, they may make it public, except those involving state secrets.
3. Review and make an arbitration award.
On the basis of finding out the causes, responsibilities and losses caused by traffic accidents, the arbitration tribunal makes a substantive ruling on the dispute over damages. The arbitration tribunal shall follow the principle that the minority is subordinate to the majority when deliberating cases. If no majority opinion can be reached in the process of considering the case, the final arbitration award shall be made according to the opinion of the presiding arbitrator. In addition, in the arbitration process of traffic accident damage compensation disputes, if some facts are already clear, the arbitration tribunal may also make a ruling on the clear facts first. After the arbitration tribunal makes an award, it shall make an arbitration award.
4. Enforcement of arbitral awards.
As the arbitration institution is a civil dispute settlement institution, it has no right to enforce the arbitration award by itself. After the arbitral award is made, if the debtor fails to perform the obligations specified in the arbitral award, the creditor may apply to the people's court with jurisdiction for enforcement.
Two, traffic accident damage compensation dispute arbitration need to pay attention to the problem
1. Can traffic accident compensation arbitrate?
Blank law stipulates that contract disputes and other property rights disputes between citizens, legal persons and other organizations with equal subjects can be arbitrated.
Article 3 of the Arbitration Law stipulates that the following disputes cannot be arbitrated:
(1) Disputes over marriage, adoption, guardianship, maintenance and inheritance;
(two) administrative disputes that should be handled by administrative organs according to law.
Therefore, if the parties reach an arbitration agreement on the traffic accident compensation issue, they may apply for arbitration according to law.
2. The choice of arbitration must be based on a valid arbitration agreement.
The arbitration agreement includes the arbitration clause in the contract and the arbitration agreement reached in other written forms before or after the dispute occurs. Article 4 of the Arbitration Law of People's Republic of China (PRC) stipulates: "If the parties settle their disputes through arbitration, they shall voluntarily reach an arbitration agreement. If there is no arbitration agreement and one party applies for arbitration, the Arbitration Commission will not accept it. " An arbitration agreement that chooses arbitration to settle disputes over compensation for traffic accidents shall have the following contents:
1. Expression of intention to request arbitration;
2. Arbitration matters;
3. The selected arbitration commission. The writing of the arbitration agreement is basically the same as other agreements, as long as the arbitration agreement includes the expression of intention to request arbitration, arbitration matters and the selected arbitration commission.
3. The application for arbitration and other relevant materials shall be submitted to the Arbitration Commission.
According to Article 22 of the Arbitration Law of People's Republic of China (PRC), when applying for arbitration, a party shall submit an arbitration agreement, an arbitration application and a copy thereof to the Arbitration Commission. The arbitration application shall specify the following items: the name, gender, age, occupation, work unit and domicile of the parties (the name and domicile of the legal person or other organization and the name and position of the legal representative or principal responsible person); The arbitration claim and the facts and reasons on which it is based; Evidence and sources of evidence, names and residences of witnesses.
4, must comply with the relevant time limit requirements.
1 If the dispute over compensation for traffic accident damages is settled through arbitration, the award shall become legally effective as of the date of making it.
After the arbitral tribunal has made an award, if the parties think that the award is wrong, they shall apply to the people's court for enforcement or cancellation. If a party applies for revocation of an award, it shall file an application within 6 months from the date of receipt of the award.
Article 62 of the Arbitration Law of People's Republic of China (PRC) stipulates: "The parties shall perform the award. If one party fails to perform, the other party may apply to the people's court for execution in accordance with the relevant provisions of the Civil Procedure Law. The time limit for applying for execution is two years, counting from the last day of the performance period stipulated in the award; If the award stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the time limit for performance is not specified in the award, it shall be counted from the effective date of the award. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply.
5. The misunderstanding that "only litigation or preparation of litigation can apply for property preservation" should be eliminated.
1 According to Articles 92 and 93 of the Civil Procedure Law of People's Republic of China (PRC), property preservation is divided into litigation preservation and pre-litigation preservation. The so-called litigation preservation is the property preservation applied in litigation, and the pre-litigation preservation is the property preservation applied before prosecution. Property preservation before litigation, if the applicant does not file a lawsuit within 15 days after the people's court takes preservation measures, the people's court shall terminate the property preservation. Therefore, the parties, even many judges, have a misunderstanding that property preservation measures can only be taken in cases that have been accepted by the people's courts or cases that the parties intend to solve through litigation, and the parties cannot apply for property preservation in cases that have been accepted by the Arbitration Commission.
In the case accepted by the Arbitration Commission, as long as the situation is urgent and property preservation is not applied immediately, its legitimate rights and interests will be irretrievably damaged, and the parties may also apply to the people's court for property preservation. Article 28 of the Arbitration Law of People's Republic of China (PRC) clearly stipulates: "
If one party may make the award unenforceable or difficult to enforce due to the behavior of the other party or other reasons, it may apply for property preservation.
Since the implementation of arbitration for traffic accident damage compensation disputes, it has brought people a convenient, simple and clear solution. The simple and quick arbitration method reduces the economic cost. For disputes with small amount of compensation and no division of responsibilities, arbitration for traffic accident damages is a good way to solve the case. For more related questions, please consult Zibo's lawyer.