Acceptance / filing stage: Arbitration application, response, counterclaim

Arbitration Application

1. The partyorparties initiating arbitration (hereinafter referred to as the “ applicant ” ) shall provide the Secretariat with a sufficient number of arbitration applications and copies thereof.
2. When submitting an arbitration application, the applicant shall pay the case handling fee in accordance withthe provisions of the Arbitration Rules of this Court .
3. Ifthe arbitration application submitted by the applicant does not meet the above requirements or the applicant fails to pay the case handling fee as stipulated in the Arbitration Rules of this Court, the Secretariat may require the applicant to supplement the application within an appropriate period. Failure to supplement the application or pay the fee within the stipulated period shall be deemed as withdrawal of the arbitration application, but shall not affect the applicant’s right to file for arbitration again and re-assert the same claims.

Arbitration begins

1. The arbitration proceedings commence upon the Secretariat’s receipt ofacomplete arbitration application and case processing fees.
2. The Secretariat shall serve the applicant with notice of commencement of arbitration proceedings.
3. The Secretariat shall serve the respondent with the notice of commencement of arbitration proceedings, the application for arbitration,and supporting documents.

Reply

1. The respondent shall, within the time limit prescribed by the arbitration rules of each center,submit a sufficient number of copies of its response to the Secretariat from the date of receipt of the arbitration application by the Secretariat .
2. The Secretariat shall serve the response and its supporting documents to all other parties.

Counterclaim

1. The respondent shall submit a sufficient number of copies of the counterclaim totheSecretariat within the response period. The Chairperson has the authority to decide whether to extend or shorten the period for filing a counterclaim.
2. When submitting a counterclaim for arbitration, the respondent shall pay the case handling fee applicable to any counterclaim in accordance withthe provisions of the Arbitration Rules of this Court .
3. Ifthe respondent’s counterclaim application does not meet the above requirements or if the respondent has not paid the case handling fee as stipulated in the Arbitration Rules of this Court , the Secretariat may require the respondent to supplement it within an appropriate period. Failure to supplement or pay within the time limit shall be deemed as withdrawal of the counterclaim application, but shall not affect the respondent’s right to re-apply for arbitration proceedings and re-assert the same counterclaim rights.
4. Upon receiving the complete counterclaim and case processing fees, the Secretariat shall promptly notify the applicant and the respondent that the counterclaim has been received and the date of receipt.
5. The applicant shallsubmit a written response withinthe time limit stipulated in the arbitration rules of each center from the date of receipt of the counterclaim from the Secretariat .
6. Ifthe respondent’s counterclaim is accepted, the composition of the arbitral tribunal shall be determined in accordance with the procedures outlined in the arbitration application, and the parties in the counterclaim proceedings shall be deemed to have waived their right to recommend the number and selection of arbitrators.

Composition of the arbitral tribunal

Upon receiving a response to the application (or upon the expiry of the deadline for receiving a response), the President of the Court may need to make certain decisions to establish an arbitral tribunal.

Number of arbitrators

The dispute shall be heard and decided by an arbitral tribunal consisting of one or three arbitrators. The parties have the right to recommend the number of arbitrators.

Appointment of arbitrator

The Arbitration Rules stipulate that if the parties nominate the same sole arbitrator, that arbitrator shall be appointed as the sole arbitrator upon confirmation by the Chairman. If the parties fail to nominate or agree on the selection of a sole arbitrator, the Chairman shall appoint the sole arbitrator. Furthermore, if the parties agree to a three-member arbitral tribunal, each party shall nominate one arbitrator in its application or response for confirmation by the Chairman. If the parties fail to nominate, the Chairman shall appoint the arbitrator. Unless the parties agree to an alternative appointment procedure, the two arbitrators selected by the parties or appointed by the Chairman shall, from the date of receipt of the appointment notice from the Secretariat, jointly nominate a third arbitrator as the presiding arbitrator within the time limit stipulated in the Arbitration Rules of each center . If the two arbitrators fail to agree on the selection of the presiding arbitrator or fail to nominate within the time limit , the Chairman shall appoint the presiding arbitrator.

Arbitrator Disclosure

The arbitrator shall sign the arbitrator’s declaration on the date of acceptance of the appointment and disclose to the parties, the other members of the arbitral tribunal, and the court any circumstances that may raise legitimate doubts about his impartiality and independence. If, during the arbitration proceedings, any new circumstances arise that may raise legitimate doubts about his impartiality and independence, the arbitrator shall disclose such circumstances to the parties, the other members of the arbitral tribunal, and the court without delay after the circumstances arise, unless all persons have already been informed of such circumstances.

Arbitrator Recusal 

An arbitrator may be required to recuse himself/herself if there are any circumstances that could raise legitimate doubts about his/her impartiality or independence. A party may only request the recusal of an arbitrator he/she nominated based on reasons that he/she only learned of after the arbitrator’s appointment. If an arbitrator fails to act or is unable to perform his/her duties for legal or factual reasons, a party may apply for the recusal of the arbitrator in accordance with the provisions of this Court’s Arbitration Rules.

Arbitration proceedings

General Rules

After consulting with the parties, the arbitral tribunal shall determine the arbitration schedule as soon as possible based on the actual circumstances. The arbitral tribunal may extend or shorten any period, whether stipulated in the Arbitration Rules of this Court or agreed upon by the parties, after consulting with the parties.

Trial method

Without violating the Arbitration Rules , the arbitral tribunal may conduct arbitration in any manner it deems appropriate, but must treat the parties equally and provide each party with a reasonable opportunity to present its case at appropriate stages of the arbitration proceedings. In exercising its discretion, the arbitral tribunal shall conduct the arbitration fairly and impartially, and resolve the dispute between the parties in a swift and economical manner.

Trial

If a hearing is required, the arbitral tribunal shall notify the parties of the time and place of the hearing in advance. If a party fails to appear in court and does not provide sufficient reasons for this, the arbitral tribunal shall have the power to continue the arbitration proceedings and may issue an order or award based on the party’s existing statements and evidence.

Trial concluded

The arbitral tribunal may ask the parties if they have any further materials to submit, if there are any other witnesses to hear, or if they have any other opinions. If not, the arbitral tribunal may declare the hearing closed.

ruling

Arbitral tribunals may render separate awards on different issues at different times. All arbitral awards must be made in writing, and are final and binding on the parties. The parties must comply with all arbitral awards without delay.