文档介绍：Chapter 7 Arbitration Procedure
Contents
How the arbitration is to be carried out
How to initiate the arbitration
How pose 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. . 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 position of the tribunal