PRC Arbitration Law: Hearing -1 (These clauses are selected from China Arbitration Law and Its Interpretations authored by Robert Zhang and Steve Li, international arbitration attorneys registered in Shanghai, China.) Article 39 A hearing shall be held for arbitration unless the parties agree not to hold a hearing, in w…
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…
PRC Arbitration Law: Hearing -2 (These clauses are selected from China Arbitration Law and Its Interpretations authored by Robert Zhang and Steve Li, international arbitration attorneys registered in Shanghai, China.)Article 42 Where a claimant who has been notified in writing fails to appear at a hearing absent good ca…
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…
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…
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…
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.
According to Article 93 of the Chinese Civil Procedure Code, the court might undertake voluntary mediation to explain the facts of the case. The court can ask relevant persons and organizations to help in mediation. The mediation agreement must be voluntary and not contradict any legislative rules. If a mediation agreem…