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Merits of Arbitration


Extensive Experience in Dispute Resolution

²       More than thirty-years’ experience in international business dispute resolution

²       Parties from all provinces, autonomous regions, and municipalities in Mainland China; Hong Kong, Macau, Taiwan and more than 50 countries

²       Arbitration cases involving all aspects of modern business operations  

  

An Internationalized Governance Model

²        It is the first, and currently, the only arbitration institution in China that has adopted the statutory institution model established by legislation

²       It is the only arbitration institution in China with a Council-centered governance model with effective checks-and-balances in decision-making, implementation and supervision

²       More than one-third of the members of the Council and Arbitrators are from outside Mainland China

 

Full Respect for Party Autonomy

Parties may choose:

²       Applicable laws

²       Arbitration Rules

²       Arbitrators/ the formation of the tribunal

²       Hearing Process

²       Rules of Evidence

²       Applicable procedures

²       Arbitration language

²       Place of hearing/Place of arbitration

²       Whether to conduct mediation in the course of arbitration

²       Other matters that do not conflict with mandatory laws.

 

Maximum Flexibility in the Formation of the Tribunal

²       Parties appoint arbitrators within the term specified in the Arbitration Rules. The arbitration tribunal is formed in accordance with the Arbitration Rules.

²       Parties may agree on the method of appointing arbitrators. If so agreed, parties can jointly appoint arbitrators, including the presiding arbitrator and other arbitrators outside the SCIA’s Panel of Arbitrators.   

²       Parties may agree that the presiding arbitrator is to be appointed jointly by the two appointed arbitrators.

²       The Chairman of the SCIA may recommend a list of candidates for the presiding arbitrator for the parties to select from.                              

 

Diversified Arbitrator Composition

²       SCIA is The most internationalized arbitration institution in mainland China in terms of arbitrator structure. Foreign arbitrators, from 28 countries and regions constitute 34.3% of the Panel., of which a substantial number come from Europe, the Americas, and Asia..

²       ,Arbitrators in SCIA all have extensive professional experience, with years of experience in law and other professional fields, and are well-known among international arbitrators.

 

Innovative Structuring for the Payment of Arbitration Fees

²       If an arbitration case involves a large amount of arbitration fees or there exist other special circumstances, the SCIA may decide to allow the party to pay the advance payment of the arbitration fee in installments.

²       Where a settlement agreement has been reached, the parties may, pursuant to Article 49 (2) of the SCIA Arbitration Rules, apply to the arbitration tribunal to render an arbitral award in accordance with the terms of the settlement agreement. In such event, the arbitration fee (for foreign related cases including initiating fee and arbitration fee, for domestic cases including case acceptance fee and case handling fee) shall be charged at a 25%-50% discount to the Arbitration Fee Schedule.

 

Provides optimal efficiency in case resolution

²       For cases under general procedures, the arbitration tribunal must render an arbitral award within 6 months if it is an international or foreign related case. If it is a domestic case, the tribunal must render an arbitral award within 4 months. For cases under summary procedure, the arbitral tribunal shall render an arbitral award within 3 months. Parties may agree on the time to submit arbitration materials.

²       Comparing to other international arbitration institutions, SCIA does not have lengthy pre-hearing process, thus avoiding unreasonable procedural delay.

²       Parties can get quality and fast dispute resolution service in SCIA while the cost (arbitration fee) is much lower than other international arbitration institutions.

 

Convenient Arbitration-Mediation Model

²       Parties may apply to the Mediation Centre attached to SCIA before, during or after arbitration proceedings.

 

²       Parties may choose to adopt mediation or settlement plus arbitration model, to enhance efficiency and lower the cost in dispute resolution.

 






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