How To Apply For Arbitration In China

An Expert's View about Dispute Resolution in China

Posted on: 8 Feb 2012

To cite China International Economic and Trade Arbitration Commission and the China Maritime Arbitration Commission as examples

1 , to apply for arbitration in our commission will generally require that there are arbitration clause included in the contract between you / your company and the other party, or there are written arbitration agreement.

2 , Meanwhile, please submit the following documents :

(1 ) the application for arbitration (including the evidence, contracts including an arbitration agreement or written arbitration agreement contract )

(2 ) Letter of Authority , if an agent is entrusted to act on behalf of the people/company.

(3 ) If you need to apply for property preservation and / preservation of evidence , please (1 ) submit 2 original copies of application for property preservation/ evidence preservation application (2 ) submit an application for arbitration , (3 ) a written instruction to inform the  commission of the court to which the arbitration will be transferred , and provide the court ‘s address , zip code and / phones .

(4) the photocopy of the applicant’s licenses, certification of the identity of the legal person and other documents.

(5)Besides, please note that:

a. the application for arbitration, Letter of Authority, and certification of the identity of the legal representatives needs to be provided in the original text. And as for evidence documents, photocopy alone would suffice. But the original copies are still needed during the hearing to serve as proof.

b. The simple procedure shall be carried out if the amount of money involved in the arbitration is no more than 500,000 RMB, which requires the application for arbitration and the evidence (Both) in triplication. And a general procedure shall be carried out if the amount exceeds 500,000 RMB or the amount in dispute is unclear, which requires the application for arbitration and the evidence (Both) in quintuplicate. If there is more than one applicant, then for each additional applicant, an additional application for arbitration and the evidence shall be needed.

3, Meanwhile, please pay an arbitration fee in advance according to the Arbitration Fee Schedule attached to these Arbitration Rules. In principle, the losing party will bear the arbitration fee. If the case is dismissed out of court settlement or tribunal mediation, certain amount of the arbitration fee shall be returned depending on the circumstances.


Posted: 08 February 2012

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