Arbitration Response: An Overview of Chinese Law

Introduction

Arbitration is a form of alternative dispute resolution that involves the submission of a dispute to an impartial third party (the arbitrator or arbitral tribunal) for a binding decision. In China, arbitration is governed by the Arbitration Law of the People's Republic of China (the "Arbitration Law").

Who Can Write an Arbitration Response?

According to Article 27 of the Arbitration Law, the following parties can file an arbitration response:

Respondent: The party against whom the arbitration is filed. Other parties: Any other person or organization that has a direct interest in the dispute and has obtained the permission of the arbitral tribunal to file a response.

Content of the Arbitration Response

The arbitration response should contain the following information:

Name of the respondent: The party filing the response. Name of the claimant: The party who initiated the arbitration. Case number: The number assigned to the arbitration case. Brief statement of defense: A concise summary of the respondent's position on the merits of the case. Evidence and arguments: Supporting evidence and legal arguments to support the respondent's position. Relief requested: The specific relief that the respondent requests from the arbitral tribunal. Other relevant information: Any other pertinent facts or circumstances that the respondent wishes to bring to the attention of the tribunal.

Procedure for Filing an Arbitration Response

The arbitration response must be filed with the arbitral tribunal within a specific time frame, as determined by the tribunal's rules or the Arbitration Law. The response should be submitted in writing and signed by the respondent or its authorized representative.

Time Limits

The time limit for filing an arbitration response is generally 30 days from the date the respondent receives the arbitration notice. However, the parties may agree to extend this deadline by mutual consent. Failure to file a timely response may result in the respondent being deemed in default and may lead to a decision being made in favor of the claimant.

Signature and Representation

The arbitration response must be signed by the respondent or its authorized representative. If the respondent is represented by an attorney, the attorney's signature and contact information should be included.

Conclusion

The arbitration response is an important document in an arbitration proceeding. It allows the respondent to present its defense to the claim and to request specific relief from the arbitral tribunal. By following the legal requirements and procedures set forth in the Arbitration Law, parties can ensure that their response is timely, properly submitted, and effectively represents their interests in the arbitration process.