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What materials should be submitted when filing the case?

Source:China Maritime Arbitration Commission Time:2021-07-27 10:01:06

On-site Arbitration Filing Appointment:

Please read the following instructions carefully before making an appointment:

(1) Please fill in relevant information, specify the date and time (only working days) for on-site case filing or consultation, and submit it to CMAC.

(2) After submitting the arbitration filing appointment online, the filing secretary will contact you to reconfirm the time. Please arrive at the China Maritime Arbitration Commission on the 13th floor of the International Chamber of Commerce Building for case filing consultation according to the appointment confirmed with the case filing secretary.

(3) The on-site filing consultation of the association only deals with the cases on the date of appointment. If you can't go to the on-site filing at the time of appointment, please inform the filing secretary who contacted you in advance.

(4) Please make an appointment after preparing the paper materials in strict accordance with the Guidelines for Arbitration Filing Materials of China Maritime Arbitration Commission, so as to ensure that the filing materials are ready when you go to the site. If there are too many contents you need to modify and adjust during the on-site review of materials, CMAC will return the materials that do not meet the filing requirements on site, and accept them after you make corrections. If you want to submit the corrected materials, you need to make a new appointment.

(5) To meet the needs of COVID-19 prevention and control, we suggest you to consult the arbitration filing in advance by telephone (010-82217767 / 35 / 37) or submit the arbitration filing by mail.

the Guidelines for Arbitration Filing Materials of China Maritime Arbitration Commission

 

In order to improve service efficiency, ensure order and improve experience, CMAC made the Guidelines for Arbitration Filing Materials of China Maritime Arbitration Commission (“the Guideline” for short) in combination with the feedback and suggestions of the parties and according to the needs of arbitration practice. With the Guideline, the parties can prepare relevant materials for applying for arbitration in a clear way, and exercise the right in accordance with the Arbitration Law of the people's Republic of China and the Arbitration Rules of the Commission.

The Guideline are used for the preparation and self-examination of the parties before submitting the case materials after making an online arbitration appointment. CMAC will deal with the arbitration case after receiving the arbitration filing materials prepared by the parties.

If you need to consult the electronic template of arbitration documents, please visit our official website: m.reflexnutrition.cn, click "Arbitration" in the menu bar to enter the "Arbitration Document" interface for downloading.

 

I. Materials for Application for Arbitration

 

1. Request for Arbitration

 

*If the arbitration application is incorrect, it can be modified by handwriting. All handwritten modifications shall be signed and dated by the authorized person.

 

Basic information of parties and representative(s) (including claimant and respondent)

 

1.1 Natural person

 

Name and ID number must be specified. (Information should be consistent with identity cards, registered residence information, etc.).

 

Address and contact information shall be specified. For example, the address on ID card, actual residence, service address agreed in the contract or other addresses; Cell-phone number, Landline number, E-mail address, etc.

 

1.2 Legal person or other organization

 

Provide copies of business licenses / institution licenses (foreign companies and legal person organizations can provide registration documents).

 

The identity certificate of the legal representative / person in charge shall be provided, sealed and dated.

 

1.3 Representation

The name, company, address, postal code, telephone, fax, E-mail, etc. of the representative(s) shall be specified.

 

1.4 Arbitration Agreement

List the arbitration clause / arbitration agreement on which the application for arbitration is based (including the name of the contract involved, the date of signing, the contract number and the specific expression of the arbitration clause)

 

1.5 Claim

Indicate the currency of each arbitration claim dispute, the requested amount of interest, liquidated damages, the start and end date of calculation and calculation standard.

 

1.6 Facts and reasons

It shall be specified that the facts directly related to the respondent and the contract. The content shall be concise, clear and logical.

 

1.7 Signature and signature

The claimant needs to sign and/or seal name and date.

 

2. Party's standing and letter of authorization

 

2.1 Claimant’s standing documents

 

2.1.1 Natural person

It shall be provided that copies of ID cards or other identity documents within the validity period.

 

2.1.2 Legal person or other organization

It shall be provided that copies of business licenses / institution licenses (foreign companies and legal person organizations can provide registration documents).

 

The identity certificate of the legal representative / person in charge shall be provided, sealed and dated.

 

2.2 Letter of authorization

 

It shall be provided that the name, address, telephone, fax and e-mail of the representative(s). In the letter of authorization, attention should be paid to distinguish between "litigation" and "arbitration". The representative(s)’s authority needs to be clearly stated.. A letter from the law firm, a copy of the lawyer's practice certificate / a copy of the representative(s)'s ID card shall be provided (if any, it is not necessary at the filing stage).

 

2.3 Respondent’s standing documents

 

2.3.1 Natural person

The claimant shall provide the copy of the identity card or registered residence information or other identification document during the validity period of the respondent.

 

2.3.2 Legal person or other organization

The claimant shall provide the documents of the respondent's enterprise information.

 

3. Evidence

 

3.1 List of Evidence / Catalogue of Evidence

Please do not list the claimant's identification materials in the list of evidence. Arbitration agreement or contract with arbitration clause shall be submitted. It shall be listed that the name, page number range and object of proof of the submitted evidence. The list of evidence shall be signed / sealed and dated by claimant or its representative(s). Please ensure that the list is consistent with the page number of the evidence. Do not list the evidence that cannot be submitted at the arbitration filing stage.

 

3.2 Evidence materials

A copy of the arbitration agreement or contract with arbitration clauses shall be submitted; All evidence shall be continuously marked with page numbers, and the range of page numbers shall be marked on the List of Evidence.

 

4. Confirmation of Service Address by the parties

Please fill in the name, telephone number and delivery address of claimant's preferred contact. If claimant has the new address or contact information of the respondent other than the Request for Arbitration, it shall be filled in this confirmation. The confirmation shall be signed / sealed and dated by the claimant or its representative(s).

 

II. Number of materials

Summary procedure (including cases where the amount of dispute is ≤ 2 million RMB and the parties agree to apply summary procedure): The materials shall be in triplicate. Ordinary procedure (including cases in which the amount of dispute is more than 2 million RMB, the parties agree to apply ordinary procedures and agree on a three-arbitrator tribunal in case): The materials should be in quintuplicate.

 

For each additional individual of the respondent, the number of materials shall be increased one more. In case of applying for property preservation, the property preservation application and its guarantee shall be submitted in duplicate (indicating "sincerely to China Maritime Arbitration Commission and transfer to XX court"), and a complete set of arbitration materials shall be added (the specific matters of property preservation shall be subject to the requirements of the relevant court, please consult the relevant court in time, and specify the exact address of the court which needs transfer materials).

 


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