How To Apply For Arbitration In China

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.

7 responses to “How To Apply For Arbitration In China”

  1. Dear Sirs
    I’m the sales manager of an Italian Company, we have a problem with a supplier of ours, as follows:
    We bought just from 2012 a purchase form this company with anamount about 43.000usd.
    Now the supplier don’t want anymore ship the cargo for us.
    Can you help me about this fact, can we issue an arbitration with this company?
    I’m waiting for your soonest reply
    Thank you
    Daniela Battaglia

    • Xixi says:

      Hi Daniela,

      If they never ship the product after you wire the money, and it is as much as 43000USD.

      Then it is a fraud instead of commercial dispute.

      If they are a real company, you can try sending them lawyer letter or get in debt collection company.

      If they are fake company, report them to local police.

      Regards,
      Steven

  2. Alec says:

    Hi
    I am a forwarder in USA. I had a client asked me to help him to import cargo from china that he purchased from a Chinese manufacturer. I found an exporter in china who initiated a booking and shipped the container to USA port.
    I paid the invoice according the amount and time limit that was agreed upon betewen Chinese forwarder and myself.
    After I made the wire the Chinese forwarder was claiming that they never received my wire up until container reached the destination port. I was meanwhile contacting my bank wire department about the possible delay and my bank assured me that the wire was done properly and that was no reason that wire would have been rejected by beneficiary.
    Now after the container is at destination port the Chinese forwarder billed wants to collect $4200 usd extra for delay of the payment (wire ) just to clarify things the shipment invoice from china port to USA port was $2400.

    The Chinese forwarder ask the ocean line to put a hold on container and three is no telex release on arrived container.

    What are my options at this point?

    • Xixi says:

      Dear Alec,

      Please confirm:
      1) Did you sign the contract with the supplier?
      2) Did you pay to their company account or personal account?
      3) Did you sign contract with the shipping agent in China for the shipping service?
      4) Did you pay them to their company account?

      These information are extremely important.

      Regards,
      Steven
      Chinaimportexport.org

  3. Michael says:

    Dear Steven
    I am a Senior Manager of Marketing Department at OilGasProm LLC. My case is related to Export of SAWL pipes from Haiqianwei Steel Pipe Co., Ltd of Yanshan County of Hebei Province for the needs of SOCAR State Oil Company of Azerbaijan Republic. The delivery of the Pipes were violated with multiple damages of the Pipes and there are huge amount of Pipe’s Insulation was severely damages while they were charged onto the Vessel at Tianjin Port. The Sale’s Manager Mr.”NA” is refusing to take a responsibilities in accordance with the Contract’s Terms which clearly noted and written in our Contract as en executive document. This Manager is not responding to our Demands to cover up the damages without involving the Legal Action into the matter. the Contract value is 3.350.000.00 USD. 120 Pipes of 698 are severely or relatively damaged which means they can’t be used for the Main Gas Pipeline unless the pipes are repaired. each pipe’s value is 4.950.00USD. The pipe’s are delivered to Azerbaijan and only then we realized the Damages . we have an official Report with the pictures and records from our Surveyor at Delivery Port in Poti Georgia. That means the Pipes were damaged while they were loaded onto the Vessel which is the responsibility of Chinese Supplier.
    Unfortunately, To my calls for Peacefully resolving the problem the Manufacture’s Manager ignored all the Correspondence but admitted the Failure. He’s words to our Sourcing Manager in Shandong Mrs.Sarah Hou was ” I don’t want to take any responsibilities for these damages….”
    Please advise what are the options to bring this supplier to the Justice? Thanks You in advance
    Regards
    Michael

    • Xixi says:

      Hi Michael,

      Sorry to hear your bad experience.

      I have the following information:
      1) what is the trade term with the supplier? FOB or CIF?
      2) have you signed contract with them, if yes, please send so our legal expert can review

      Best regards,
      Steven

  4. Fitim Osmanaj says:

    I’m the representative of an Albania Company. We have a problem with a supplier in China;
    We bought two sets of Boilers on 2014, in total 14197$ (USD) with terms CIF – Albania.
    The suppliers have delivered the goods via a forwarder agent in Slovenia. Now the Agent in Slovenia is requesting a fee 1300Euro as local charges, to make able releasing the goods for to the Destination place – Albania.
    As the terms of our contract have been CIF Durres – I have written to the supplier (and forwarded the invoice received from agent of Slovenia) regarding the issue but they refuse to accept that all the cost up to the destination place are for the supplier.
    In the invoice is stipulated Cif – Durres port of Albania but in B/L documents has stated CFS – CFS, and in to the section Fright and Charges – is Freight Prepaid. At the documents is and the Cargo Transportation Insurance Policy.
    Can you help me about this. Can we issue arbitration with this company?
    I’m waiting for your soonest reply
    Thank you
    Fitim Osmanaj

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