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PROCEDURE OF ARBITRAL HEARING
I .Defense and counterclaim
The secretariat of CIETAC-Shanghai shall send the
Notice of Arbitration to the claimant and the respondent respectively
after the case is accepted.Meanwhile,one copy each of the claimant's
application for arbitration and its attachments as well as the Arbitration
Rules,the Panel of Arbitrators shall be enclosed to the respondent.The
respondent shall lodge his defense and/or counterclaim within the
time limit specified in the Arbitration Rules:
The counterclaim must meet the following three requirements:
(I)Arising from the same contract relation or legal
relation as that of the claims raised by the claimant;
(II)The counterclaim is directed against the claimant;
(III)The disputes involved in the counterclaim shall
not be the same as the disputes involved in the arbitration claims.
The respondent may request to amend his defense and/or
counterclaim.
II .Composition of the Tribunal
Sole-arbitrator tribunal is composed of one arbitrator
and collegiate tribund with three arbitrators,The parties may agree
upon the ways to form the tribunal.Pursuant to the Arbitration Rules,Summary
Procedure shall,unless otherwise agreed by the parties,automatically
be applied to any case in dispute where the amount of claim totals
not more than RMB 500,000 Yuan.Summary Procedure may also be applied
to any case in dispute where the amount of claim totals more than
RMB 500,000 Yuan provided that both parties agree in writing.The
cases which the Summary Procedure applied to shall be examined and
heard by a sole-arbitrator tribunal.
III .Hearing
Generally,oral hearings are conducted in the course
of arbitration.However,the arbitration tribunal may examine the
case and make an award on the basis of documents only with the consent
of the parties,or in case of Summary Procedure. The arbitration
tribunal shall not hear cases in open session.If both parties request
a hearing to be held in open session,the arbitration tribunal has
the power to decide to do it or not.All participants shall not disclose
my substantial or procedural matters to outsiders when the case
is not heard in open session.
The parties shall send their representative(s) or
authorized agent(s) to attend the hearing.Should one of the parties
fail to appear at the hearing,the arbitration tribunal may proceed
with the hearing and make an award by default.
IV .Settlement
In the process of arbitration,the parties may reach
an amicable settlement agreement by themselves,or they may either
request,or after consulted by the tribunal,agree that the arbitration
tribunal to conciliate the case.If the conciliation is successful,the
arbitration tribunal shall make an award in accordance with the
consents of the parties'settlement agreement.Should conciliation
fail,any statement,opinion,view or proposal which has been made,raised,put
forward,acknowledged,accepted or rejected by either party or by
the arbitration tribunal in the process of conciliation shall not
be invoked as grounds for any claim,defense and/or counterclaim
in the subsequent arbitration proceedings,judicial proceedings,or
any other proceedings.
V .Award
The arbitral award shall be decided by the majority
of the tribunal.When the arbitration tribunal cannot attain a majority
opinion,the arbitral award shall be decided in accordance with the
presiding arbitrator's opinion.The date on which the arbitral award
is made is the date on which the arbitral award comes into legal
effect.The arbitral award is final and binding upon both parties.Neither
party may bring a suit before a law court or make a request to any
other organization for revising the arbitral award.
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