The arbitration award is usually issued within forty-five days to three months.
The award shall specify the arbitration request, the facts of the dispute, the reasons for the award, the result of the award and the date of the award. The award shall be signed by the arbitrator and stamped with the seal of the Labor Dispute Arbitration Committee. Arbitrators who disagree with the award may or may not sign. When the People's Court applies simplified procedures to hear cases, it shall be concluded within three months from the date of filing the case.
An arbitration award is a legal document used by an arbitral tribunal to make a ruling on an arbitration dispute. An award is a written document in which the labor dispute arbitration agency makes a ruling on a dispute case in accordance with the law based on the ascertained facts. When preparing an award, the facts should be stated clearly and the laws, regulations and policies cited accurately and appropriately.
After applying for arbitration, the parties may reconcile on their own. If a settlement agreement is reached, the arbitral tribunal may be requested to issue an award based on the settlement agreement; it is stipulated that the arbitral tribunal may conduct mediation before making an award. If the parties voluntarily mediate, the arbitral tribunal shall mediate. If mediation fails, a ruling shall be made promptly. If an agreement is reached through mediation, the arbitral tribunal shall make a mediation statement or an award based on the results of the agreement; when the arbitral tribunal arbitrates a dispute, if part of the facts are already clear, it may make a ruling on that part first. These are the legal basis for making an arbitration award.
The role of the arbitration award is reflected in several aspects:
It helps to resolve disputes and safeguard the legitimate rights and interests of the parties. The arbitration committee determines the responsibilities of the parties on the basis of ascertaining the facts, thereby resolving disputes, confirming the rights and obligations between them, and safeguarding the legitimate rights and interests of the parties.
Effectively bind both parties. The arbitration award becomes legally effective once it is made. The validity of the arbitration award is the same as that of an effective civil judgment, and no one may change it at will without going through legal procedures. If one party fails to implement the arbitration award, the other party has the right to apply to the People's Court for compulsory enforcement.
Legal Basis
"Arbitration Law of the People's Republic of China"
Article 12 The arbitration committee shall consist of one director and two to four deputy directors It consists of seven to eleven committee members. The director, deputy directors and members of the arbitration committee shall be experts in law, economics and trade, and persons with practical work experience. Among the members of the arbitration committee, no less than two-thirds should be legal, economic and trade experts.