The defendant is dissatisfied with the arbitral award and appeals whether to sue the arbitration com

Updated on society 2024-03-03
6 answers
  1. Anonymous users2024-02-06

    sued the plaintiff. Article 47 Except as otherwise provided in this Law, the arbitral award shall be final and effective from the date of its issuance

    1) Disputes over the recovery of labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, which does not exceed the amount of the local monthly minimum wage standard for 12 months;

    2) Disputes arising from the implementation of national labor standards in terms of working hours, rest and vacation, social insurance, etc.

    Article 48 Where a worker is dissatisfied with an arbitral award provided for in Article 47 of this Law, he may file a lawsuit with the people's court within 15 days from the date of receipt of the arbitral award.

    I don't know how to continue to ask, I think it's useful.

  2. Anonymous users2024-02-05

    If the respondent is dissatisfied with the arbitral award, the appeal should be against the claimant.

    At the time of appeal, the respondent of the original trial was the appellant and the applicant of the original trial was the appellee.

  3. Anonymous users2024-02-04

    Dissatisfied with the arbitration result, sue the employer. Civil disputes can be resolved through litigation or arbitration, and the arbitration of the arbitration committee is generally a ruling board, but in some cases, dissatisfied with the arbitration award can be sued by the court. The process of filing a lawsuit against arbitration is to submit a complaint, wait for evidence, hear the case by the court, and pronounce the judgment.

    1. Who is not sued by arbitration

    Those who are not satisfied with the arbitration may sue the employer. According to the regulations, if an employee is dissatisfied with labor arbitration, he or she cannot sue the employer in court, and the arbitration commission cannot be the defendant. This point is mainly to remind those workers who are not satisfied with the decision of the arbitration commission, because the people's court takes the two parties to the labor dispute, that is, the employee and the employer, as the parties to the litigation when the people's court hears the case.

    If you have an opinion on the arbitration commission, you need to file an administrative lawsuit.

    2. What are the procedures for dissatisfaction with arbitration and litigation?

    The process of filing a lawsuit against dissatisfaction in arbitration is as follows:

    1.The parties to the labor dispute case file a lawsuit and submit a complaint.

    2.After review, if the court makes a decision to accept it, it is to file the case within 7 days, and where a decision not to accept it is to rule not to accept it within 7 days.

    3.The plaintiff in a labor dispute lawsuit must pay the litigation fee within 7 days, and if the lawsuit is not paid within the time limit, the lawsuit will be automatically withdrawn.

    4.After the case is filed, the court serves a copy of the complaint on the defendant. Within 15 days of receipt of the complaint, the defendant must file a reply to the court.

    5.The parties submit evidence relevant to the case within the time limit set by the court.

    6.After the case is filed, the court forms a collegial panel and arranges for the personnel of the collegial court to inform the parties.

    7.After the court has arranged the time and place, notify the parties and the participants in the prosecution.

    9.If the mediation is successful, the court shall make a mediation document, and if the mediation is unsuccessful, the court shall make a ruling.

    3. How long does it take to prosecute?

    When you go to court, it may take longer than arbitration. When filing a lawsuit in court, the main time required is as follows:

    1.Six months. According to the provisions of the Civil Procedure Law, if a first-instance case is tried under ordinary procedures, it will be concluded within six months from the date of filing the case.

    2.year. Where there are special circumstances that require an extension, it may be extended for six months with the approval of the president of that court. If an extension is necessary, it shall be reported to the people's court at a higher level for approval.

    3.Trimester. In the case of summary proceedings, the trial needs to be completed within three months from the date of filing.

    Therefore, it can be seen from the above provisions that the law has specific trial time limits, but there are also provisions that can be extended under exceptional circumstances. If the case is a civil first-instance case, it may take up to 1 year to complete the trial under ordinary procedures (including the existence of extensions).

    1.If the party is dissatisfied with the judgment, the period for appeal against the first-instance judgment is 15 days.

    2If you are not satisfied with the ruling, the period for appealing against the ruling of the first instance is 10 days.

  4. Anonymous users2024-02-03

    In the arbitration system, the principle of arbitration is based on the voluntary nature of the parties, so it is usually the parties who choose arbitration as the means of resolving their disputes by agreement. In arbitration, the positions of the plaintiff (the party initiating the arbitration) and the defendant (the party initiating the arbitration) are relative.

    Under the arbitration system, the parties to the dispute may agree in the agreement to submit the dispute to an arbitration institution determined by the Special Arbitration Institute. Once the arbitration proceedings have commenced, the parties will be referred to as the "Claimant" and the "Respondent", where the Claimant (the Claimant) requests the arbitral tribunal to adjudicate a dispute and the Defendant (the Respondent) is required to answer the Claimant's claim before the arbitral tribunal.

    In short, under the arbitration system, the roles of the plaintiff and the defendant in arbitration are relative, and both parties have rights and obligations in the arbitration process.

  5. Anonymous users2024-02-02

    If the applicant is not satisfied with the arbitration result, he or she may apply to the Intermediate People's Court at the place where the arbitration commission is located to set aside the award within six months from the date of receipt of the award. After the award is revoked, the lawsuit can be brought to court. In the case of labor arbitration, a lawsuit may be filed and an application may be made to the court for the annulment of the arbitral award, except for a final award.

    1. What is the impact of labor arbitration on legal persons?

    In the event of a labor dispute between a legal person and an employee, the arbitration award made by the labor arbitration commission shall have legal effect on the employer of the legal person company. A legal person or employer cannot file a lawsuit in court against an arbitral award. However, if there are statutory circumstances to object to the labor arbitration award, the applicant may apply to the Intermediate People's Court at the place where the labor dispute arbitration commission is located to revoke the award within 30 days from the date of receipt of the arbitral award.

    2. Can I sue after my credit card debt is overdue?

    Credit card arrears overdue strata fees cannot be sued after arbitration:

    1. After the award is made, if the parties apply for arbitration or file a lawsuit with the people's court for the same dispute, the arbitration commission or the people's court shall not accept it.

    2. The arbitration agreement is not only binding on the parties, but also binding on the distinction between the jurisdiction of the court and the arbitration commission.

    3. If the applicant is dissatisfied with the arbitral award, he/she may apply to the Intermediate People's Court at the place where the arbitration commission is located to revoke the award within six months from the date of receipt of the award.

    3. How to revoke an application for labor arbitration award.

    Within 30 days from the date of receipt of the arbitral award, an application may be made to the Intermediate People's Court at the place where the Labor Dispute Arbitration Commission is located to revoke the award.

    The following arbitral awards may be set aside:

    1. Violation of legal procedures;

    2. The other party conceals evidence sufficient to affect the fair adjudication;

    3. There is an error in the applicable laws and regulations;

    4. The labor dispute arbitration commission has no jurisdiction;

    5. Miscellaneous. The statement of claim for arbitration shall contain the following particulars:

    1. The name, gender, age, occupation, work unit and domicile of the worker, the name and domicile of the employer, and the name and position of the legal representative or the main person in charge;

    2. The arbitration claim and the facts and reasons on which it is based;

    3. Evidence and evidence**, names and addresses of witnesses.

    Article 60 of the Arbitration Law of the People's Republic of China provides that the people's court shall make a ruling to revoke the award or reject the application within two months from the date of accepting the application for revocation of the award.

  6. Anonymous users2024-02-01

    Legal analysis: instead of the plaintiff and the defendant, they are called the plaintiff and the defendant in court, and the two parties who respond to the scumbags in arbitration are called the claimant and the respondent respectively.

    Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes Article 2 This Law shall apply to the following labor disputes between employers and workers within the territory of the People's Republic of China: (1) disputes arising from the confirmation of labor relations; (2) Disputes arising from the conclusion, performance, modification, rescission or termination of labor contracts; (3) Disputes arising from removal, dismissal, resignation, or resignation; (4) Disputes arising from working hours, rest and vacation, social insurance, welfare, training, and labor protection; (5) Disputes arising from labor remuneration, medical expenses for work-related injuries, economic compensation or compensation, etc.; (6) Other labor disputes as provided for by laws and regulations.

    Article 5 In the event of a labor dispute, if the parties are unwilling to negotiate, fail to negotiate or fail to perform after reaching a settlement agreement, they may apply to the mediation organization for mediation; If the applicant is unwilling to mediate, fails to mediate, or fails to perform after reaching a mediation agreement, he or she may apply to the Labor Dispute Arbitration Commission for arbitration; If a person is dissatisfied with an arbitral award, he or she may file a lawsuit in the people's court, except as otherwise provided by this Law.

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