Judgment by Experts
The “Judgment by Experts” refers to the process by which cases are judged by experts or authorities in particular field. The arbitration is a dispute settlement system for the concerned parties’ disputes, judged by an impartial and independent third-person. The “third person” judging the disputes shall be a professional with good legal education with experience in the relevant sector, thus ensuring arbitration quality and the fairness and reasonability of judgment are guaranteed.
First Award Being Final
Article 9 of the Law of Arbitration of the People’s Republic of China, states that
“the arbitration is put into practice in compliance with the system of First Award Being Final. After the award is made, if the concerned parties make additional application or appeal to the people’s court against a same dispute, the arbitration commission or the People’s Court will not accept and hear the case. If the award is cancelled or beyond the implementation subject to the adjudication by the People’s Court in accordance with the laws, the concerned parties may apply for the arbitration regarding the dispute in accordance with the arbitration agreement reached by both parties for the second time, and they may also appeal to the People’s Court. “
China’s arbitration system integrates with other international systems, and as such, the arbitration award shall be final and binding. Once the arbitration award is made, it will be respected and protected by the law, avoiding lengthy litigation exhaustion.
Autonomy of Will
A party’s autonomy is reflected in the ‘Autonomy of Will’, which refers to the underlying principle that a concerned party’s will must remain autonomic. This principle is reflected throughout the arbitration, evidenced in the following procedures:
- The concerned parties may choose whether the arbitration is to be conducted and what disputes are to be submitted for arbitration;
- The concerned parties may choose the arbitration institution, arbitration location, and applicable arbitration laws and rules;
- The concerned parties may choose the arbitrator;
- The concerned parties may choose how to conduct the arbitration procedure;
- The concerned parties may choose whether to terminate the arbitration procedure.
Hearing in Private Session
In Article 40 of the Law of Arbitration of the People’s Republic of China, it states that
“the arbitration is hearing in private session. For the arbitration subject to public conduction in accordance with the agreement by the concerned parties, it may be conducted publicly but that involving state secretes is excluded.”
International Acknowledgement and Enforcement
Arbitration awards are universally acknowledged and enforced by the courts of the member countries of the New York Convention.
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