Summary Procedure: Notice of Hearing

Summary Procedure: Notice of Hearing

According to the arbitration rules of PRC arbitration institutions applicable to international arbitration, different time periods are specified delivering a notice of hearing to the disputing parties when summary/expedited procedure is applied. For example, SHIAC Arbitration Rules and SCIA Arbitration Rules specify a period of seven (7) days, SHIAC FTZ Arbitration Rules specify a period of ten (10) days, and CIETAC Arbitration Rules specify a period of fifteen (15) days, etc., before the first hearing is held.

All these arbitration rules grant a right to request postponement of the hearing. When either the claimant or the respondent files a request or both jointly file a request for postponement, the arbitral tribunal may make a decision to postpone the hearing. And the arbitral tribunal may also make such a decision on its own initiative if it deems it necessary.

Provided, however, that a request for postponement must be submitted within the time period specified under the applicable arbitration rules, e.g., three (3) days under the CIETAC and SCIA Arbitration Rules, five (5) days under the SHIAC and SHIAC FTZ Arbitration Rules, etc., upon receipt of the notice of hearing.
After the first hearing, any notice of a subsequent or postponed hearing will not be subject to the above time limitations.
 

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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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