Content of an Arbitration Award

Content of an Arbitration AwardAn award should contain the following:the personal information of the claimant and the respondent;the claim and relief sought by the claimant;the counterclaim and relief sought by the respondent, if any;the ascertained facts and admitted evidence as the basis for rendering the award;the re…
     

Options of Disputing Parties after Reaching an Arbitration Agreement

After the disputing parties have reached an arbitration agreement, they have two options: arbitration or lawsuit.Generally, the disputing parties have to refer their disputes to arbitration according to the arbitration agreement unless the arbitration agreement is held invalid for any of the following reasons:(1) the is…
     

Time Limitation for Accepting or Rejecting a Request for Arbitration

For how may days do you have to wait for a notice after you file a request for arbitration with an arbitration commission in China?You need to wait for no more than five days before you are notified whether your request for arbitration has been accepted or rejected. If your request for arbitration is accepted, the arbi…
     

Time Limitation for Requesting Additions and Corrections

If you find any clerical, typographical, or computational error in the arbitration award or that any issue decided by the arbitral tribunal is omitted in the arbitration award, you may request additions and corrections within 30 days from the date of receipt of the award.
     

Entry into Force of an Arbitration Award and a Conciliation Statement

As an arbitration award is final and binding on both disputing parties, it takes effect once it is made. Each party must abide by the award unless the award is vacated by an intermediate people's court of competent jurisdiction upon the petition of either party which has evidence to prove certain circumstances. A co…
     

Time Limitations in Arbitration in China

shall or maytime limitationArbitration commissionaccept or reject a request for arbitrationwithin 5 days of receiptArbitration commissionserve a copy of the arbitration rules and roster of arbitrators on the claimant and a copy of the request for arbitration, arbitration rules, and roster of arbitrators on the responden…
     

The Law of Choice of Law Applicable in International Civil Relations - Chapter VII

Chapter VII Intellectual Property RightsArticle 48 The ownership and content of intellectual property rights shall be governed by the law of the jurisdiction where the protection is sought.Article 49 The parties may agree to choose the law to govern their transfer and licensing of intellectual property rights. In the ab…
     

The Law of Choice of Law Applicable in International Civil Relations - Chapter VIII

Chapter VIII SupplementaryProvisionsArticle 51 Where the provisions of Article 146 or 147 ofthe General Principles of the Civil Law of PRC or Article 36 of the SuccessionLaw of PRC conflicts with the provisions of this Law, the provisions of thisLaw shall apply.Article 52 This Law shall come into force on April 1,2011.
     
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Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

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