Relief after an Award Is Made

Relief after an Award Is MadeIn accordance with the Arbitration Law and other applicable laws, an award is final and binding on both disputing parties. This rule also applies to international arbitration, i.e., after an award has been made by an international arbitration institution in China, neither the claimant nor th…
     

Signature and Seal of an Award

Signature and Seal of an Award In accordance with the Arbitration Law, the arbitral tribunal or the sole arbitrator rendering an award shall sign the award. If any arbitrator has any dissenting opinion, he may sign or refuse to sign the award, and his dissenting opinion may be recorded in the award. After the scrutiny o…
     

Scrutiny of Draft Awards

Scrutiny of Draft AwardsAfter any award has been made, the arbitral tribunal or sole arbitrator shall not sign it before submitting its draft to the arbitration commission for scrutiny. In the scrutiny of a draft award, the arbitration commission may make proposals or suggestions on the form or sustentative issues, or p…
     

Corrections and Additions of an Award

Corrections and Additions of an Award Corrections and additions by the arbitral tribunal on its own initiative The arbitral tribunal should make corrections and additions in a timely manner if it discovers any clerical, typographical, or computational errors, or any issues that have been decided in the arbitration proce…
     

Seat of Arbitration

Seat of Arbitration Generally, an arbitration agreement or arbitration clause should specify a seat of arbitration. But in practice, the seat of arbitration is often omitted due to negligence or other reasons. In such a case, the disputing parties may agree upon a seat of arbitration.If they fail to reach such an agreem…
     

Independence and Impartiality of Arbitrators

Independence and Impartiality of ArbitratorsArbitrators must remain neutral when performing their duties in deciding on a case. Either before or during the proceedings, they shall not accept or solicit any gift, hospitality, payment, or any other thing of value from the claimant or respondent, or meet with them outside …
     

Formal Requirements for Hearing Record

Formal Requirements for Hearing Record A transcript or written record of hearing should be signed by the member(s) of the arbitral tribunal, the transcriber/preparer, the claimant, the respondent, any witnesses, experts, appraisers, interpreters, etc., who have participated in the arbitration proceedings, and should als…
     

Additions and Corrections of Record of Hearing

Additions and Corrections of Record of HearingIn accordance with the Arbitration Law, an arbitral tribunal shall correct any errors and add any omissions in the record of hearing as soon as they are discovered or within a reasonable period of time. Such errors include any typing, printing, calculating, or other errors, …
     
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Robert Zhang

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

Steve Li

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