What are the methods of service of arbitration, and what are the provisions on service of arbitratio

Service of arbitration refers to the act of the arbitration commission to deliver the arbitration documents to the parties and other arbitration participants in accordance with the statutory methods and procedures.

Service of arbitration can only be an arbitration act carried out by the arbitration commission to the parties and other arbitration participants, and the arbitration commission is the service party and the subject of the service; The parties and other participants in the arbitration are the persons to be served and are the objects of service. The transmission of arbitration documents between the parties and between the parties and other participants is not service, nor is the delivery of arbitration documents by the parties and other participants to CIETAC service. Method of Service of Arbitration:

1.Direct delivery. It is the arbitration commission that delivers the arbitration documents directly to the recipient.

If the recipient is a citizen, it shall be signed by this person; If the person is not there, it will be handed over to the adult family members living with him to sign for receipt. Where the recipient is a legal person or other organization, the legal person's legally-designated representative, the organization's principal responsible person, or the legal person's or organization's office, mailroom, duty room, and so forth shall be responsible for signing for the receipt. If there are ** persons to be served, the arbitration commission may serve the recipient.

If the recipient has appointed a consignee to the BAC, if the party is unable to sign for the consignment for any reason, the person designated by the party may sign for the conciliation, but the conciliation statement shall be directly delivered to the party for signature.

2.Service in lien. It refers to a method of service in which the recipient refuses to accept the arbitration document without justifiable reasons, and the service party leaves the arbitration document at the place of residence of the person to be served.

3.Consignment of service. It refers to the way in which the arbitration commission entrusts another arbitration commission to serve the arbitration documents on its behalf if it is difficult to directly serve the arbitration documents.

If another arbitration commission is entrusted to serve on its behalf, the entrusting arbitration commission shall issue a letter of entrustment, together with the arbitration documents to be served and the proof of service attached. The time of service shall be the date of delivery on the date on which the recipient signs on the receipt of service.

4.Delivered by post. It refers to the way in which the Arbitration Commission mails the recipient by ** through the post office when it is difficult to deliver it directly.

Delivery by post should be accompanied by a return of service. If the date of receipt indicated on the letter return receipt is inconsistent with the date of receipt indicated on the receipt of delivery, or if the receipt of delivery is not returned, the date of receipt of the letter return receipt shall be the date of delivery.

Publication in the newspaper depends on the requirements of the Arbitration Bureau, which level of newspaper is required to be published, whether it is municipal or provincial or national, or a certain type of newspaper is designated.

For example, the People's Court Newspaper publishes, the content of the newspaper will generally be written by the Labor Arbitration Bureau to you directly to publish the content, and there is a stamped document, this newspaper is needed, the newspaper can be directly operated on the mobile phone Alipay or WeChat applet, and search on the home page of Alipay: Run Zhengtong, which has provincial and municipal newspapers are very detailed, and you can choose the newspaper according to your own situation. Accelerate your understanding

When the arbitration document is served by the arbitration commission, it shall be directly served on the person to be served;If it cannot be directly delivered due to the reasons of the recipient, it shall be signed by the adult family members living with Li Dan or the department responsible for sending and receiving letters;If the recipient has appointed a person to collect the income to the arbitration commission, it shall give the receipt of the income. If the recipient refuses to sign for the receipt of the arbitration document, the two servicers shall indicate the reason and date of refusal on the receipt of service, sign or affix their seals, and leave the arbitration document at the residence of the recipient, which shall be deemed to have been served.

If it is difficult to directly serve the arbitration documents, it may entrust another arbitration commission to serve them on its behalf, or serve them by mail. The date of delivery by post shall be the date of receipt indicated on the receipt of **. Where the whereabouts of the recipient are unknown, or the aforementioned methods of service cannot be served, service may be announced by public announcement.

The content of the service of arbitration documents may be published in a national newspaper that is publicly published and distributed.

Where the person to be served is imprisoned, it is to be transferred through the prison or re-education through labor unit where they belong.

Where the recipient has been re-educated through labor, it is to be transferred through their re-education through labor unit. After receiving the arbitration documents, the transferring authority and the single brother must immediately hand them over to the recipient for signature.

1. Direct delivery. The arbitral tribunal shall send personnel to serve directly.

1. Service of lien. If the recipient refuses to accept the service of the arbitral award, the servicer invites the witnesses to be present, proves the refusal on the service receipt, and retains the arbitration document at the residence of the recipient, which shall be deemed to have been served.

2. Entrusted service. If it is difficult for the arbitration commission to make direct service, it may entrust the arbitration institution where the recipient is located to serve the service.

4. Delivered by mail. If it is difficult to deliver directly, it may be served by mail. Delivery by mail shall be based on the date of receipt indicated on the ** inquiry receipt.

5. Delivery of announcements. Where the whereabouts of the recipient are unknown, or service cannot be made by other means, service may be announced by public announcement. After 30 days from the date of issuance, it will be deemed to have been served.

1. How to deal with the failure of the respondent to enforce the labor arbitration award.

In accordance with the provisions of the relevant laws of our country, if the person who is applied for Songhui does not enforce the effective labor arbitration award, he may apply to the people's court for compulsory enforcement in accordance with the provisions of the Civil Procedure Law.

Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes

Article 51: Parties shall perform on legally effective mediation documents or rulings in accordance with the prescribed time limit. If one party fails to perform within the time limit, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Civil Procedure Law. The people's court accepting the application shall enforce it in accordance with law.

Civil Procedure Law of the People's Republic of China

Article 236:Methods for the commencement of enforcement.

The parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement. The parties must perform the mediation document and other legal documents that should be enforced by the people's court.

If one party refuses to perform, the other party may apply to the people's court for enforcement.

Article 239:Time limit for applying for enforcement.

The period for the execution of the application is two years. Where an application is made for the suspension or interruption of the statute of limitations, the provisions on the suspension or interruption of the statute of limitations shall be applied in accordance with the law. The period provided for in the preceding paragraph is calculated from the last day of the period for performance provided for in the legal document; Where the legal documents provide for performance in installments, it is calculated from the last day of the period for each performance provided; Where the legal document does not provide for a period of performance, it is calculated from the date on which the legal document takes effect.

Publication in the newspaper depends on the arbitration bureau's request to prepare this decision, which level of newspaper is required to be published, municipal or provincial level, or a certain type of newspaper.

For example, the People's Court Newspaper publishes, the content of the newspaper is generally written by the Labor Arbitration Bureau to you directly to publish the content, and there is a stamped document, the newspaper can be directly operated on the mobile phone Alipay or the micro-imitation letter change applet, and search on the homepage of Alipay: run the government, which has provincial and municipal newspapers are very detailed, and the sedan can choose the newspaper according to their own situation. If you still don't understand, you can unify to know and understand

The arbitration document served by the arbitration commission must have a certificate of service, which shall be signed or sealed by the recipient on the receipt of the receipt of the receipt of the document. The date of receipt signed by the recipient on the receipt of service is the date of delivery. Regarding the question of what are the provisions for the service of arbitration documents by the Labor and Personnel Dispute Arbitration Commission, the following is a detailed answer for you.

1. What are the provisions on the service of arbitration documents by the Labor and Personnel Dispute Arbitration Commission?

1. The provisions on the service of arbitration documents by the Labor and Personnel Dispute Arbitration Commission are as follows:

1) The arbitration document served by the arbitration commission must have a certificate of service, and the person to be served shall indicate the date of receipt of filial piety on the certificate of service, and sign or affix a seal. The date of receipt signed by the recipient on the receipt of service is the date of delivery.

2) If the arbitration documents cannot be served due to the suspension of business or other reasons and there are more than 10 employees, or if the recipient refuses to sign and receive the arbitration documents, the arbitration documents shall be deemed to have been served after three days from the date of retention or posting in the residence of the recipient and recording them by means of taking photos or videos.

2. Legal basis: Article 20 of the Rules for the Handling of Labor and Personnel Dispute Arbitration.

2. How to apply for withdrawal of a labor arbitration case

The appellant's application to withdraw the lawsuit shall meet the following conditions:

First, the claimant must apply to the arbitral tribunal in writing or orally to withdraw the claim.

Second, the application for withdrawal of the lawsuit must be submitted by the complainant.

Third, the purpose of the withdrawal must be legitimate. The complainant's application to withdraw the complaint is not necessarily granted. The arbitral tribunal will also examine the application.

If the application is due to circumvention of the law, and the coercion of the other party or the result of the withdrawal of the lawsuit will harm the interests of the state and the legitimate rights and interests of others, then the withdrawal of the lawsuit cannot be sustained.

Fourth, the withdrawal must be filed before the arbitral tribunal makes an award. If the arbitral tribunal has already made an award on the labor dispute, the decision and conclusion on the unstable labor relationship between the parties has been made, and the labor rights and obligations between them have been re-determined, and the parties can no longer apply for litigation.

According to the Rules for the Handling of Labor and Personnel Dispute Arbitration, the arbitration document served by the arbitration commission must have a certificate of service, and the recipient shall indicate the date of receipt on the certificate of service, and sign it or seal it. The date of receipt signed by the recipient on the receipt of service is the date of delivery. I hope the above content can be helpful to you, if you have any other questions, you can click the button below to consult a professional lawyer.

Legal Analysis: Direct Service of Labor Arbitration (1). The arbitral tribunal shall send personnel to serve directly. (2) Service in lien.

Legal basis: Article 2 of the Law of the People's Republic of China on Mediation and Arbitration of Labor Disputes 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 and termination of labor contracts;

3) Disputes arising from the removal of branches and acres, 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 stipulated by laws and regulations.

Publish the newspaper to see the arbitration bureau's request for a newspaper, which level of newspaper is required to be published, municipal or provincial level, or designate a certain kind of newspaper.

For example, the People's Court Newspaper publishes, the content of the newspaper is generally teasing and calling the Labor Arbitration Bureau will write the content to you directly to publish, and there is a stamped document, this newspaper is needed, the newspaper can be operated directly on the mobile phone Alipay or WeChat applet, search on the home page of Alipay: run the government, the provincial and municipal newspapers in it are very detailed, and there are a lot of relevant information to speed up the understanding.