Resolution of Economic Disputes: Administrative Reconsideration
Resolution of Economic Disputes: Administrative Reconsideration
II. Arbitration Procedure
(I) Request and acceptance
The arbitration procedure begins with the request for arbitration filed by a disputing party, which is and the submission of a request for arbitration is a necessary condition for the commencement of the arbitration procedure. The arbitration commission shall conduct necessary review of the request for arbitration, and shall not admit the case if it does not meet the requirements.
A request for arbitration shall not be accepted unless:
1. it is accompanied by an arbitration agreement;
The parties who intend to settle their disputes by arbitration shall reach an arbitration agreement of their free will. Where either party files a request for arbitration in the absence of an arbitration agreement, the arbitration commission shall reject the request.
2. it contains a specific claim and the facts and grounds on which the claim is based; and
The claims in the request must be clear. For example, requesting the arbitration institution to confirm the validity or invalidity of a contract in case of a request for confirmation, requesting the arbitration institution to make an award for the obligor to pay the purchase price or compensation in case of a request for performance of obligations, or requesting the arbitration institution to make an award for delay of delivery or reduction of the amount of compensation in case of a request for change of a legal relationship. In addition to a specific claim, the claim must be based on objective facts and reasons as well as sufficient and conclusive evidence for the arbitral tribunal to make an accurate award on the dispute objectively and fairly in accordance with the law, thus protecting the legitimate rights and interests of the parties.
A claimant shall submit an arbitration agreement and a request for arbitration and the copies thereof to the arbitration commission. A request for arbitration refers to a written document submitted by the claimant requesting the arbitration commission to arbitrate the issues in dispute. A request for arbitration shall contain: ① the name, sex, age, occupation, employer, and domicile of each party in the case of an individual, and the name, domicile, and legal representative's or principal's name and title of each party in the case of a legal entity or other organization; ② claims and the facts and grounds on which the claims are based; and ③ evidence, sources of evidence, and names and domiciles of witnesses.
The arbitration commission shall review the request for arbitration submitted by the claimant to decide whether it is admissible in accordance with the law, including: ① Whether it is accompanied by a valid arbitration agreement; ② Whether it contains a specific claim and the facts and grounds on which the claim is based; and ③ Whether the dispute falls within the jurisdiction of the arbitration commission; ④ Whether the request for arbitration meets the legal requirements; and ⑤ Whether the statute of limitations has expired.
Robert Zhang 
Steve Li 