What is an Arbitration Hearing Procedure?
The arbitration hearing procedure refers to the process of organizing the applicant, the respondent, the authorized agent and other arbitration participants to investigate the factual and legal issues of the dispute in a step-by-step and purposeful manner under the auspices of the arbitral tribunal and in accordance with the relevant provisions of the Arbitration Law and the Arbitration Rules.
What are the general procedures for the hearing of the arbitral tribunal?
During the hearing, the arbitrator shall preside over the hearing procedure to guide the parties to clarify their rights and obligations, the order of the hearing, etc., and the parties shall make statements and defenses, present evidence and cross-examine evidence, etc., so as to achieve the purpose of clarifying the facts, distinguishing responsibilities, mediating or making an award in accordance with the law. The arbitration hearing procedure generally consists of the following steps:
1 Preparation for the trial
The presiding arbitrator or the sole arbitrator shall ascertain whether the parties are present at the hearing; The arbitral tribunal shall carefully review the case materials, determine the focus of the dispute between the parties, and prepare the hearing procedures and an outline of the hearing before the hearing.
2. In-court investigation
The arbitral tribunal shall announce the opening of the hearing, introduce the arbitrators, inform the parties of their rights and obligations, read out the hearing rules and the composition and composition of the arbitral tribunal, and ask the parties whether they have applied for recusal.
3 Statements of the parties
The arbitral tribunal allows the parties to present their statements on the facts and laws of the case, and may ask questions and investigate issues related to the case.
4 Submission of evidence
The arbitral tribunal allows the parties to submit evidence and reviews and evaluates it.
5 Debate and cross-examination
The arbitral tribunal allows the parties to debate and cross-examine the facts and legal issues of the case in the following order: the parties and their representatives first present their opinions to the arbitral tribunal individually, and then the parties and their representatives debate each other on the disputed issues, and at the end of the debate, the parties state their final opinions.
6 Case mediation
Before making an award, the arbitral tribunal may, according to the wishes of the parties, conduct mediation, which may be conducted under the auspices of the arbitral tribunal or by the parties to negotiate and settle on their own. If the parties are unwilling to mediate, the arbitral tribunal shall make an award in accordance with law.
7 End of the hearing
At the end of the trial, the parties review the trial record and sign the record. The members of the arbitral tribunal shall also sign the last page of the transcript, and the arbitral tribunal shall make an award after deliberation.
8 Case Decision
At the end of the hearing, the arbitral tribunal shall promptly deliberate the case and make a mediation statement or award within the prescribed time limit, which shall be signed by both parties.
The above are the general procedures for arbitration hearings, and the specific procedures and requirements may vary depending on different arbitration institutions and arbitration rules.
Contributed by Wang Jing
Editor-in-charge: Zhang Shuqian
Editor: Han Xiaowen, Wang Yonghong
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