中国人民大学法学院国际商事仲裁法课件 Arbitration Procedure.pptVIP

Chapter 7Arbitration Procedure Contents How the arbitration is to be carried out How to initiate the arbitration How to compose the arbitration tribunal How the merits of the case are tried How to render the Award Decided by the applied ARBITRATION RULES in particular case Arbitration Rules v. Law Purpose: performing v. regulating mode of application binding force Initiation of the Arbitration Notice of arbitration is received by the Respondent (UNCITRAL Rules) The Request is received by the Secretariat (ICC, AAA ,LCIA,CIETAC and most of the institutions’ rules) Notice of Arb. (UNCITRAL) Demand for arbitration Names and addresses of the parties Reference to the arb. Agreement Dispute covered by the arb. Agreement Nature of claims and amount involved Relief or remedy sought Proposal as to the number of arbitrators Notice of Arb. (UNCITRAL) Proposal for the appointments of a sole arbitrator or appointing authority Notification of the appointment of an arbitrator when 3 arbitrator required The statement of claim Statement of Claim（申请书） Names and addresses of the parties Statement of the facts supporting the claim Points at issue Relief or remedy sought Statement of Defense（答辩状） Parties Facts Merits Reliefs Composition of Tribunal Sole arbitrator tribunal Two arbitrators plus an umpire tribunal Three arbitrators tribunal R. A. Sally(Fin.) v. S.R.L. Termarea (Italy) 455 C/P between Sally and Termarea Arbitration clause Demurage claim from Sally Award by two chosen arbitrators Refusing enforcement by the Italian court due to improper composition of the tribunal Trial of the case Terms of reference Place of arbitration Method of trial Award rendered Terms of reference(ICC Art.18) Parties’names and descriptions; Communicable addresses of the parties Parties’ brief claims and counterclaims List of issue to be determined Arbitrators full names and descriptions Place of the arbitration Other particulars 仲裁地点及其决定 仲裁地点、开庭地点、仲裁庭合议案件的地点 仲裁 当事人约定 仲裁规则决定 仲裁机构所在地与