Summary Procedure: Notice of HearingAccording 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 an…
Conciliation and Mediation in an Arbitration Case Conciliation and mediation are both Alternative Dispute Resolutions (ADRs), and both involve an independent and impartial third party called conciliator or mediator, as the case may be. Such resolutions are more cost-saving and efficient compared to arbitration and litig…
Signature and Seal of an Award In accordance with the Arbitration Law, the arbitral tribunal or the sole arbitrator rendering an award shall sign the award. If any arbitrator has any dissenting opinion, he may sign or refuse to sign the award, and his dissenting opinion may be recorded in the award. After the scrutiny o…
Scrutiny of Draft AwardsAfter any award has been made, the arbitral tribunal or sole arbitrator shall not sign it before submitting its draft to the arbitration commission for scrutiny. In the scrutiny of a draft award, the arbitration commission may make proposals or suggestions on the form or sustentative issues, or p…
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 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…
Corrections and Additions of an Award Corrections and additions by the arbitral tribunal on its own initiative The arbitral tribunal should make corrections and additions in a timely manner if it discovers any clerical, typographical, or computational errors, or any issues that have been decided in the arbitration proce…
Seat of Arbitration Generally, an arbitration agreement or arbitration clause should specify a seat of arbitration. But in practice, the seat of arbitration is often omitted due to negligence or other reasons. In such a case, the disputing parties may agree upon a seat of arbitration.If they fail to reach such an agreem…