Time Limitation for Challenging an Arbitrator

Time Limitation for Challenging an ArbitratorA disputing party who intends to challenge an arbitrator as a member of the arbitral tribunal may file a challenge to the arbitration institute within the specified time period. The Arbitration Law of the People’s Republic of China specifies the time periods under the follow…
     

Equal Legal Status ​as a Condition for Arbitration

Equal Legal Status ​as a Condition for Arbitration In addition to the limitations on the types of disputes, i.e., disputes arising out of or relating to contracts or over property rights or interests, equal legal status is also a condition for arbitration. In accordance with The Arbitration Law of the People’s Republi…
     

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…
     

Time Period for Submitting an Answer and a Counterclaim in International Arbitration

Time Period for Submitting an Answer and a Counterclaim in International ArbitrationIn 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 arbi…
     

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…
     
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Robert Zhang

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

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