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Arbitration Commission Arbitration Process

Legal analysis: 1. File an application for arbitration, which is the primary procedure for starting the arbitration process. The "Arbitration Regulations of China International Economic and Trade Arbitration Commission" stipulates: When one party applies for arbitration, it shall submit a signed application containing the following contents to the Commission: 2. Organize the arbitral tribunal. According to the arbitration rules of our country, the complainant and the respondent shall each There is one arbitrator in the list of arbitrators of the Arbitration Commission, and the chairman of the Arbitration Commission designates an arbitrator as the lead arbitrator, who together form an arbitral tribunal to hear the case; 3. Establish an arbitration tribunal to hear the case individually. 4. Making an Award The award is the last step in the arbitration process. Once the decision is made, the process of hearing the case comes to an end, so this decision is called a final decision.

Legal basis: Article 12 of the "China International Economic and Trade Arbitration Commission Arbitration Regulations" When applying for arbitration in accordance with these rules, the parties shall: (1) Submit the signature of the applicant or the applicant's authorized agent and/or a stamped application for arbitration. The arbitration application should state: 1. The names and addresses of the applicant and the respondent, including postal code, telephone number, fax, email address or other electronic communication methods; 2. The arbitration agreement on which the application for arbitration is based; 3. The facts of the case and Key points of the dispute; 4. The claimant’s arbitration request; 5. The facts and reasons on which the arbitration request is based. (2) When submitting the arbitration application, attach the evidentiary materials and other supporting documents on which the applicant’s request is based. (3) Prepay arbitration fees in accordance with the arbitration fee schedule formulated by the arbitration committee.

Article 31 of the "Arbitration Law of the People's Republic of China": If the parties agree that the arbitration tribunal shall be composed of three arbitrators, they shall each select or entrust the director of the arbitration committee to appoint one arbitrator. , the third arbitrator shall be jointly selected by the parties or appointed by the director of the arbitration committee entrusted by ***. The third arbitrator shall be the presiding arbitrator. If the parties agree to establish an arbitral tribunal with one arbitrator, the parties shall jointly select or jointly entrust the chairman of the arbitration committee to appoint the arbitrator.

Article 39 The arbitration shall be held in court. If the parties agree not to hold a hearing, the arbitral tribunal may make an award based on the arbitration application, statement of defense and other materials.

Article 53 The award shall be made in accordance with the opinions of the majority of the arbitrators, and the different opinions of the minority arbitrators may be recorded in the transcript. When the arbitral tribunal cannot form a majority opinion, the award shall be made in accordance with the opinion of the chief arbitrator.

Article 57 The award shall become legally effective from the date it is made.