Time Period for Submitting an Answer and a Counterclaim in International Arbitration
Time Period for Submitting an Answer and a Counterclaim in International Arbitration
In international arbitration in China, a respondent who has received a notice of acceptance of a request for arbitration from the arbitral tribunal shall submit an answer within the time period for answer specified in the applicable arbitration rules. Such a period is twenty (20) days under the CIETAC and SHIAC Arbitration Rules and ten (10) days under the CIA and SHIAC FTZ Arbitration Rules, etc. If the respondent intends to file a counterclaim, he may submit the counterclaim and other necessary documents within the same period for answer.
The claimant, after receiving the counterclaim, shall submit an answer to the counterclaim within the period for answer, which is the same as the period for the respondent to submit an answer to the request for arbitration, i.e., twenty (20) days under the CIETAC and SHIAC Arbitration Rules and ten (10) days under the CIA and SHIAC FTZ Arbitration Rules, etc., from the date of receipt of the counterclaim.
The said time period for answer to the request for arbitration or counterclaim may be extended at the request of the respondent or the claimant, as the case may be, with justified reasons and upon approval of the arbitral tribunal or the arbitration commission/chairman before an arbitral tribunal is appointed.
Practising lawyers
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Robert Zhang
An international lawyer registered in Shanghai, China. Master's degreePublish…
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Steve Li
An international lawyer registered in Shanghai, China. Master's degreePublish…
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