1. Who will bear the lawyer's fee for the arbitration award?
To be borne by the customer.
1, generally calculated according to the size of the litigation object. Property-related charges are generally below 1 10,000 yuan, ranging from 1 10,000 yuan to 2,000 yuan, and the part that exceeds 1 10,000 yuan but is less than110,000 yuan is calculated by 5%-6%; The part that exceeds100000 yuan but is less than1000000 yuan shall be calculated as 4%-5%. This method requires the parties to pay the agency fee first, and even if they lose the case, the fee will not be refunded.
2. When a law firm handles legal affairs involving property relations, it may act as a risk agent with the consent of the client. The risk agency fee shall be agreed by both parties, but the maximum shall not exceed 30% of the subject matter agreed in the contract. This payment method, the law firm and the parties bear the risks. If the lawsuit is lost, the agency fee will not be paid.
3. The above fees are only lawyers' agency fees, and other expenses arising from arbitration, such as transportation fees, mailing fees, accommodation fees, etc. No matter whether the lawsuit wins or loses, it shall be borne by the parties themselves.
2. How long will the arbitration procedure take?
After receiving the complaint from the complainant, the Arbitration Commission shall decide whether to accept it within 7 days from the date of filling in the filing and approval form. If the arbitration commission decides not to file a case, it shall make a notice of rejection within 7 days from the date of making the decision and serve it on the complainant; If a decision is made to file a case, a notice of acceptance shall be issued to the complainant within 7 days from the date of the decision, and a copy of the complaint shall be served on the defendant. The defendant shall submit the defense and relevant evidence within 05 days from the date of receiving the copy of the indictment.
The arbitration tribunal shall handle the labor dispute within 45 days from the date of its formation. If the case is complicated and needs to be postponed, it may be postponed appropriately with the approval of the Arbitration Commission, but the extension period shall not exceed 0.5 days.
If a party refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.
Third, the arbitration procedure.
Submission of application: When a party applies for arbitration, it shall submit an application for arbitration and submit copies according to the number of respondents.
The Arbitration Commission shall, within five days from the date of receiving the application for arbitration, make a decision on whether to accept or reject it. If the arbitration commission decides to accept the case, it shall serve a copy of the complaint on the respondent within five days from the date of making the decision. If it decides not to accept it, it shall explain the reasons.
Hearing: The arbitration tribunal shall notify both parties in writing of the date and place of the hearing five days before the hearing. If the applicant refuses to appear in court without justifiable reasons or withdraws from court halfway without the consent of the arbitration tribunal, the case shall be dismissed, and the respondent may make an award by default.
Arbitration and mediation: When handling labor disputes, the arbitration tribunal shall mediate first, and urge both parties to reach an agreement voluntarily on the basis of finding out the facts. If an agreement is reached through mediation, the arbitration tribunal shall make a conciliation statement according to the contents of the agreement, and the conciliation statement shall take legal effect from the date of service; If the mediation fails to reach an agreement, the arbitration tribunal shall make an award in time.
Arbitration award: The arbitration tribunal shall end the arbitration of labor dispute cases within 45 days from the date when the Labor Arbitration Commission accepts the arbitration application. If the case is complicated and needs to be postponed, it may be postponed upon approval, and the parties concerned shall be notified in writing, and the extension period shall not exceed fifteen days. After the arbitration tribunal makes an award, it shall make an arbitration award and serve it on both parties. If a party refuses to accept the arbitration award, it may bring a suit in a people's court within 15 days from the date of receiving the award; If no prosecution is brought at the expiration of the time limit, the ruling will take legal effect.
In daily life, when encountering disputes, you can not only apply for litigation, but also apply for arbitration. It is more convenient to apply for arbitration than litigation. Similarly, you can entrust a lawyer to apply for arbitration, the lawyer's fee shall be borne by the client, and the arbitration fee shall be decided according to the amount involved.