0 1
Trial begins.
(1) The presiding arbitrator or the sole arbitrator announces the opening of the court session, checks the subject qualification of each party, the identity of the persons appearing in court and their agency authority one by one, and asks whether each party has any objection to the persons appearing in court of the other party.
(2) announce the composition of the arbitration tribunal and ask the parties whether to apply for the withdrawal of the arbitrator.
(three) inform the parties about the rights and obligations of arbitration, and announce the arbitration trial discipline. _
02
Trial investigation
(1) The applicant states the arbitration request, facts and reasons of this case, and indicates that if there is any change in the arbitration request in the arbitration application, it shall be submitted to the arbitration tribunal in writing, and the arbitration tribunal shall decide whether to accept it or not.
(two) the respondent to the applicant's arbitration request, if the defense is submitted before the hearing, you can briefly explain the main points; If no written defense is submitted before the court session, the opinions on whether to agree with the applicant's arbitration request shall be expressed item by item at the court session, and the corresponding reasons shall be expounded.
(3) Both parties provide evidence for cross-examination. One party presents the evidence submitted in court around his claim or defense, and explains the contents of the evidence one by one. The other party authenticates and cross-examines the evidence submitted by the other party from the aspects of authenticity, legality, relevance and purpose of proof.
(4) The arbitration tribunal will ask questions. In order to further clarify the facts of the case and related issues, the arbitration tribunal will ask the parties about the facts related to the case.
(five) the two sides ask each other questions, the parties can ask each other questions around the disputed facts, and the other party will reply. _
03
Trial debate
(1) The arbitral tribunal summarizes the focus of the dispute. In order to guide the parties to debate around the focus of the case, the arbitration tribunal will summarize the focus of the case according to the court investigation.
(two) the two sides of the debate, mainly on controversial factual issues and legal issues to state their views, and refute each other's views. The applicant and his arbitration agent will speak first, then the respondent and his arbitration agent will speak, and then the two sides will argue with each other.
(3) After the trial debate, the arbitration tribunal shall consult the parties' final opinions in the order of the applicant and the respondent. _
04
Arbitration tribunal mediation
The arbitration tribunal shall consult the parties' willingness to mediate and organize mediation. If the two parties can mediate according to the circumstances, the arbitration tribunal shall mediate first to facilitate the two parties to reach a mediation agreement; If mediation fails, the arbitration tribunal will make an award according to law.
05
The trial is over.
When the arbitration tribunal announces the opening of the hearing, the parties shall review the transcripts of the hearing and sign them, and the arbitrators, recorders and other participants in the arbitration shall jointly sign them. _
[Relevant regulations]
People's Republic of China (PRC) Arbitration Law
Article 39 Arbitration shall be conducted in court. If the parties agree not to hold a hearing, the arbitration tribunal may make an award based on the arbitration application, defense and other materials.
Article 40 Arbitration shall not be conducted in public. If the agreement between the parties is made public, it may be made public, except those involving state secrets.
Article 42 If the applicant, after being notified in writing, fails to appear in court without justifiable reasons or withdraws from court without the permission of the arbitration tribunal, it may be regarded as withdrawing the arbitration application.
If the respondent, after being notified in writing, fails to appear in court without justifiable reasons or withdraws from court halfway without the permission of the arbitration tribunal, it may make an award by default.
Article 43 The parties shall provide evidence for their claims.
The arbitration tribunal may collect evidence it deems necessary.
Article 45 Evidence shall be presented in court and the parties may cross-examine.
Article 47 The parties shall have the right to debate in the course of arbitration. After the debate, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties.
Article 48 The arbitration tribunal shall record the hearing. If the parties and other arbitration participants think that there are omissions or errors in the records of their statements, they have the right to apply for correction. If no correction is made, the application shall be recorded.
The written record shall be signed or sealed by the arbitrator, the recorder, the parties and other arbitration participants.
Arbitration Rules of Xiangyang Arbitration Commission
Article 42 Before the hearing, the secretary of the arbitration tribunal shall find out whether the parties, agents and other arbitration participants are present in court and announce the trial discipline.
At the hearing, the presiding arbitrator or the sole arbitrator shall check the parties, inform them of their rights and obligations, ask whether they apply for withdrawal, and preside over the hearing.
Article 43 A party has the right to a trial. The parties may present new evidence in the arbitration tribunal.
With the permission of the arbitration tribunal, the parties may ask questions to witnesses, expert witnesses and inspectors.
If the parties request a new investigation, appraisal or inspection, whether to grant it or not shall be decided by the arbitration tribunal.
If the applicant makes an additional request for arbitration and the respondent makes a counterclaim, the trial may be combined.
Article 44 If the applicant fails to appear in court without justifiable reasons after being notified in writing, or withdraws from court halfway without the permission of the arbitration tribunal, it may be regarded as withdrawing the arbitration application.
If the respondent, after being notified in writing, fails to appear in court without justifiable reasons or withdraws in the middle without the permission of the arbitration tribunal, the arbitration tribunal may hear the case by default and make an award by default.
The provisions of the preceding two paragraphs shall apply to the trial of counterclaims.
Article 50 The evidence for cross-examination shall be presented at the hearing, and the parties may cross-examine each other, which shall be decided by the arbitration tribunal. Expert advice and opinions shall be decided by the arbitration tribunal.
Article 52 The parties to an opening debate have the right to debate in the course of arbitration. At the end of the debate, the presiding arbitrator or the sole arbitrator shall consult the final opinions of the parties in the order of the applicant and the respondent.
Article 53 Record of court hearing When the arbitration tribunal holds a court hearing, it shall make a record of the court hearing, and may also make audio and video recordings at the same time. If the parties and other arbitration participants think that there are omissions or errors in the records of their statements, they have the right to apply for correction; If the arbitration tribunal fails to make corrections, it shall record the application.
The transcript of the trial shall be signed or sealed by the arbitrator, the secretary of the arbitration tribunal, the parties and other arbitration participants. Refuse to sign and seal, record the situation and attach a volume.
The transcripts, audio recordings and video recordings of the trial shall be available for inspection by the arbitration tribunal and may be consulted by the parties. _
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