Maritime Law

The first step: the application for arbitration

The Claimant shall submit to CMAC Shanghai the Application for Arbitration in 5 copies. Under Summary Procedure, the Claimant shall submit the Application in 3 copies.

The application shall include the following items:
(a) the name and address of the Claimant and those of the Respondent (including the zip code, telephone number, telex number and fax numbe, if any);
(b) the arbitration agreement relied upon by the Claimant; which may be an arbitration clause in the contract concluded between the parties or any other form of written agreement providing for settlement of dispute by arbitration after the occurrence of the disputes;
(c) the facts of the case and the main points of dispute;
(d) the Claimant's claim and the facts and evidence on which his claim is based. The application for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized by the Claimant.

·When an Application for Arbitration is submitted to the Arbitration Commission, the relevant documentary evidence in 5 copies on which the Claimant’s Claim is based shall accompany the application. Under Summary Procedure, the Claimant shall submit the above documents in 3 copies.

·The Claimant shall pay an arbitration fee in advance to the Arbitration Commission in accordance with the Arbitration Fee Schedule.

·The Respondent shall, within 30 days (20 days under Summary Procedure) from the date of receipt of the Notice of Arbitration, submit his written defense and relevant documentary evidence to the Secretariat of the Arbitration Commission. The Respondent shall, at the latest within 30 days (20 days under Summary Procedure) from the date of receipt of the Notice of Arbitration, lodge with the Secretariat of the Arbitration Commission his counterclaim in writing, if any. Also the Respondent must state in his written statement of counterclaim his specific claim and facts and reasons upon which his claim is based, and attach to his written statement of counterclaim any relevant documentary evidence, and pay an arbitration fee in advance.

The second step: selection of the arbitrator

·Each of the parties shall appoint one arbitrator from among the Panel of Arbitrators of the Arbitration Commission or entrust the Chairman of the Arbitration Commission to make such appointment within 15 days from the date of receipt of the Notice of Arbitration. The presiding arbitrator shall be jointly appointed by the parties. In case the both parties fail to jointly appoint or fail to jointly entrust the Chairman of the Arbitration Commission to appoint a presiding arbitrator within 15 days from the date on which the Respondent receives the Notice of Arbitration, the presiding arbitrator shall be appointed by the Chairman of the Arbitration Commission.

·Under Summary Procedure, both parties shall jointly appoint or jointly entrust the Chairman of the Arbitration Commission to appoint one sole arbitrator within 10 days from the date on which the Respondent receives the Notice of Arbitration. Should the parties fail to make such appointment or entrustment within the time limit, one sole arbitrator shall be appointed by the Chairman of the Arbitration Commission to form the Arbitral Tribunal.

The third step:hearing

·The arbitration tribunal shall hold oral hearings when examining a case; however the arbitration tribunal may examine a case and render an award only on the basis of documentary evidence provided both parties request for or consent to it whilst the arbitration tribunal may also considers an oral hearing as unnecessary. Under Summary Procedure, it is up to the arbitration tribunal to decide whether the case shall be heard orally based on the facts of the case. When the case is heard in a close session, the parties shall further state the facts on which their claim, defense of counterclaim are based, and answer the tribunal’s inquiries. The parties may also argue with each other about the legal matters.

·The parties shall submit their supplementary evidence within time limit ordered by the arbitration tribunal after the hearing.

·The arbitration tribunal shall render an arbitral award within 6 months from the date on which the arbitration tribunal is formed. Under Summary Procedure, the arbitral award shall be made within 30 days from the date of the final oral hearing; and where a case is examined on the basis of documents only, the arbitral award shall be made within 90 days from the date of the formation of the arbitration tribunal.

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