FAQ

NOTIFICATION OF PARTIES RIGHTS AND OBLIGATIONS

来源:海南国际仲裁院 发布时间:2020-07-08 09:45

HAINAN INTERNATIONAL ARBITRATION COURT

NOTIFICATION OF PARTIES RIGHTS AND OBLIGATIONS

 

In accordance with the Arbitration Law of the People's Republic of China and the Arbitration Rules of Hainan Arbitration Commission, the parties to an arbitration case enjoy the following rights and bear the following obligations (19 items in total):

Right:

1 According to the arbitration agreement, the parties have the rights to apply for arbitration, change or withdraw the arbitration claims; the respondent has the right to make a defense of acknowledgement or refutation of the arbitration application and the right to make a counterclaim.

2 The party concerned has the right to challenge the validity of the arbitration agreement and request the arbitral tribunal to confirm the validity thereof.

3 The parties shall have the right to appoint their representative (s) to handle arbitration matters.

4 The parties shall have the right to apply for preservation of property and evidence.

5 The parties have agreed on the composition of the arbitral tribunal, and have selected or entrusted the director of the Hainan Arbitration Commission to designate arbitrators, and have agreed on the withdrawal of arbitrators from the arbitral tribunal, requests for replacement of arbitrators, and their rights to an open court session, closed court session, or closed court session and application for postponement of hearing.

6 The parties shall have the right to state their opinions on the arbitration, adduce evidence, cross-examine the evidence and make arguments during the hearing.

7 After applying for arbitration, the parties have the right to conciliate on their own and may request the arbitral tribunal to make an award in accordance with the conciliation agreement.

8 The parties have the right to conciliate of their own free will or accept conciliation conducted by an arbitral tribunal, and may request the arbitral tribunal to make a statement of mediation or an arbitral award under their conciliation agreement.

9 A party has the right to sign and confirm the written record of the arbitral tribunal, and may apply for correction of any omission or error.

10 Where a party has made a judgment on the arbitration matter in the award regarding a textual or calculation error or the part of the arbitral tribunal's opinion but omitted the main text of the award, the party is entitled to apply for correction; where the arbitration matter in the award is omitted, the party is entitled to apply to the arbitral tribunal for a supplementary award.

11 A party has the right to apply to a court for rescission or enforcement of an award or non-enforcement of an award.

 

OBLIGATION:

12 The parties have the obligations to abide by the Arbitration Law of the People's Republic of China and the Arbitration Rules of Hainan International Arbitration Court;

13 The parties shall be obliged to truthfully state the facts of the case and provide evidence for their own claims, and shall not make false statements or provide false testimony;

14 The parties shall bear the obligation to pay arbitration fees in accordance with the relevant provisions.

15 The parties have the obligation to abide by the challenge system.

16 The parties have the obligations to participate in the hearing on time and comply with the disciplines of arbitration.

17 The parties shall have the obligation to sign the court trial record.

18 A party shall be obliged to sign and affix a seal on service receipts of various documents and send them back on time.

19The parties have the obligation to consciously implement arbitration awards and other arbitration documents.