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APPLICATION FOR ARBITRATION
Procedure of Applying for Arbitration:
I. Submit an arbitration agreement;
II.Submit the Application for Arbitration;
III Submit the facts and evidence
on which the claim is based;
IV.Prepay the Arbitration Fee.
After the claimant has completed
the above-mentioned requirements,the Notice of Arbitration will
be send to the parties by CIETAC-Shanghai immediately,which means
the Arbitration procedure begins thereupon.The claimant may also
request to amend his arbitration claim during a reasonable time
thereafter.
ARBITRATION COSTS
When applying for arbitration,the parties shall pay
certain fees in advance,which include:
I.The arbitration fee
The arbitration fee shall be paid in advance by the
claimant when applying for arbitration or by the respondent when
lodging his counterclaim.The collection of the arbitration fee shall
be based on the Arbitration Fee Schedule in CIETAC Arbitration Rules.The
arbitration tribunal shall decide in the arbitral award which party
should bear the arbitration fee and how much each party should bear.
II.The actual costs
The actual costs include those for making investigations
and collecting evidence,costs for engaging expert to make appraisal
and expenses necessary for the arbitrators from places other than
Shanghai or foreign arbitrators to attend the hearing.The arbitration
tribunal shall decide which party shall pay the deposit for making
investigations and collecting evidence,and those for engaging expert
to make appraisal;and the actual expenses for the arbitrator outside
Shanghai or foreign arbitrator to attend the hearing shall be paid
in advance by the party who appoints the arbitrator.The arbitration
tribunal shall decide in the arbitral award,which party should bear
those actual fees and expenses,and how much each party should bear.
The winning party is entitled to request the losing party to pay
as compensation a proportion of the expenses reasonably incurred
by the winning party in dealing with the case.The amount of such
compensation shall not in my case exceed 10% of the total amount
awarded to the winning party.
The arbitration fee for those domestic cases as indicated
in the third,fourth,fifth items of the Scope of Accepted Cases is
lower than that of for those foreign-related cases as indicated
in the first and second items.
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