What does it mean to dismiss the claimant s other arbitration claims

Updated on society 2024-04-23
5 answers
  1. Anonymous users2024-02-08

    The rejection of the claimant's other arbitration claims means that part of the claimant's arbitration claims have not been upheld.

    If a party applies for arbitration due to a dispute, it may raise multiple arbitration claims at the time of application, and after the arbitral tribunal hears the case, the content of the award will be specified in the arbitral award for the arbitration claims supported by the arbitration commission. For one or more other arbitration claims that have not been supported, i.e., all arbitration claims rejected by the arbitration commission, they will be stated in the arbitration award as "rejection of the claimant's other arbitration claims". That is, the evidence is insufficient, lackingLegal basis, which has exceeded the statute of limitations for labor dispute arbitration and has no reason for suspension, interruption, extension, etc.

    Article 16 of the Arbitration Law of the People's Republic of China An arbitration agreement includes an arbitration clause entered into in a contract and an agreement to request arbitration reached in other written forms before or after the dispute arises.

    The arbitration agreement shall contain the following:

    1) an expression of intent to request arbitration;

    2) arbitration matters;

    3) Selected Arbitration Commission. Article 17 The arbitration agreement shall be invalid under any of the following circumstances:

    1) The agreed arbitration matters exceed the scope of arbitration prescribed by law;

    2) an arbitration agreement concluded by a person who lacks or has limited capacity for civil conduct;

    3) One party uses coercion to compel the other party to enter into an arbitration agreement. Article 18 Where the arbitration agreement does not stipulate the arbitration matters or the arbitration commission or the agreement is not clear, the parties may supplement the agreement; If no supplementary agreement is reached, the arbitration agreement shall be null and void. Article 19 The arbitration agreement shall exist independently, and the modification, rescission, termination or invalidity of the contract shall not affect the validity of the arbitration agreement.

    The arbitral tribunal has the power to confirm the validity of the contract. Article 20 Where a party has any objection to the validity of the arbitration agreement, it may request the arbitration commission to make a decision or the people's court to make a ruling. If one party requests the arbitration commission to make a decision, and the other party requests the people's court to make a ruling, the people's court shall make a ruling.

    If the parties have any objection to the validity of the arbitration agreement, they shall raise it before the arbitral tribunal for the first time.

  2. Anonymous users2024-02-07

    That is, other requests are not supported except for the previously supported requests.

  3. Anonymous users2024-02-06

    Hello dear! The rejection of the Claimant's other arbitration claims refers to the fact that the Claimant's other arbitration claims are not in compliance with the relevant laws and regulations or the evidence is not sufficient for reasons such as the Claimant's other arbitration claims, and therefore this ruling does not support or reject the Claimant's part of the arbitration claim. This means that the arbitral tribunal only upholds or partially upholds the claimant's claim for arbitration, but does not support or dismiss the claimant's other claims.

  4. Anonymous users2024-02-05

    "dismissal of arbitration" means that part of the claimant's claim for arbitration has not been upheld. If a party applies for arbitration due to a dispute, it may raise multiple arbitration claims at the time of application, and after the arbitration tribunal hears the case, the content of the award will be specified in the arbitration award for the arbitration claims supported by the arbitration commission. For one or more other arbitration claims that have not been supported, i.e., all arbitration claims rejected by the arbitration commission, they will be stated in the arbitration award as rejecting the claimant's other arbitration claims.

  5. Anonymous users2024-02-04

    1、"Dismissal of Arbitration"This means that part of the claimant's claim for arbitration has not been upheld.

    2. If a party applies for arbitration due to a dispute, it may raise a number of arbitration claims at the time of application, and after the arbitration tribunal has heard the case, the content of the arbitration award will be specified in the arbitration award for the arbitration claim supported by the arbitration commission; For one or more other arbitration claims that have not been supported, i.e., all arbitration claims rejected by the arbitration commission, they will be buried in the arbitration award as "rejection of the claimant's other arbitration claims".

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