Rejection of a request for arbitration

In accordance with the Arbitration Law of the People’s Republic of China, a request for arbitration will be rejected if:1. the disputing parties have not reached an arbitration agreement in written form;2. the arbitration agreement is held invalid due to unarbitrability of the dispute referred to arbitration, lack of o…
     

Summary Procedure: Mutatis Mutandis Application

Summary Procedure: Mutatis Mutandis ApplicationSummary procedure in international arbitration is a special procedure that enables the sole arbitrator to dispose of claims and counterclaims at the early stage of an arbitration proceeding. The respondent may request the sole arbitrator to dismiss the claim if the claim is…
     

Time Period for Rendering an Award in Summary Procedure

Time Period for Rendering an Award in Summary Procedure When the summary/expedited procedure is applied in international arbitration in China, the time period for rendering an award in the summary procedure is generally no more than half of that in general procedure, for example, three (3) months under the arbitration r…
     

Change of Summary Procedure

Change of Summary ProcedureWhen summary/expedited procedure is applied, the disputing parties are also entitled to file a counterclaim, alter any claim or counterclaim, etc. And any such change or alteration will be without prejudice to the proceeding of the summary procedure.But if the amount in dispute in a claim or c…
     

Discretion of Sole Arbitrator in Summary Procedure

Discretion of Sole Arbitrator in Summary ProcedureIf summary procedure is applied where the case is to be decided by a sole arbitrator, the sole arbitrator is authorized to examine the case and decide to precede with the arbitration in any reasonable manner that he deems proper, i.e., by holding an oral hearing at which…
     

Arbitral Tribunal in Summary Procedure

Arbitral Tribunal in Summary ProcedureSummary procedure, sometimes called expedited or rapid procedure, is a special procedure in arbitration usually applicable to small claims cases. Such a procedure is more cost-saving and efficient in that the proceeding is more flexible and adaptable, takes shorter period, and avoid…
     

Additional Award in International Arbitration

Additional Award in International Arbitration Making an additional award on the own initiative of the arbitral awardWhere, after a final award has been made, the arbitral tribunal discovers that any claim was presented in the proceedings but omitted from the final award, it should render an additional award on its own i…
     

Interim or Partial Award in International Arbitration

Interim or Partial Award in International ArbitrationAn interim award or a partial award may be rendered, where necessary, during the arbitration proceedings if the arbitral tribunal believes that certain facts have been established beyond any doubt.An interim award or a partial award may be rendered on the own initiati…
     
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Practising lawyers

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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