In general, what is the arbitration process?

General arbitration is divided into four steps: filing arbitration, organizing an arbitration tribunal, hearing the case, and making an award, which can be explained in detail by a professional team on the mutual arbitration chain platform.

1. The process of labor arbitration:

Submission of Application: When a party applies for arbitration, it shall submit a written application for arbitration and submit a copy according to the number of respondents. The application shall contain the following particulars:

1.Name, gender, age, place of work and address of the worker; The name and address of the employer and the name and position of the legal representative or principal responsible person;

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

3.Evidence and evidence**, names and residences of witnesses;

4.The date on which the arbitration was filed. Arbitration Acceptance:

The arbitration commission shall make a decision on whether to accept or disapprove the arbitration application within five days from the date of receipt of the arbitration application. If the arbitration commission decides to accept the application, it shall serve a copy of the statement of claim on the respondent within five days from the date of making the decision. Where a decision is made not to accept it, the reasons shall be explained.

Hearing: The arbitral tribunal shall notify the parties in writing of the date and place five days before the date and place. If the applicant refuses to appear at the hearing without justifiable reasons or withdraws from the hearing without the consent of the arbitral tribunal, the claimant shall be dismissed from the hearing at its own discretion, and a default award may be made against the respondent.

Arbitration and mediation: The arbitral tribunal shall first mediate when dealing with labor disputes, and urge the parties to reach an agreement voluntarily on the basis of ascertaining the facts. If an agreement is reached through mediation, the arbitral tribunal shall prepare a mediation statement based on the content of the agreement, which shall have legal effect from the date of service; If no agreement is reached through mediation, the arbitral tribunal shall make a ruling in a timely manner.

Arbitral award: The arbitral tribunal shall conclude its decision on a labor dispute case within 45 days from the date on which the application for arbitration is accepted by the labor arbitration commission. Where the case is complicated and an extension is required, an extension may be granted upon approval and the parties may be notified in writing, and the extension period shall not exceed 15 days.

After the award of the arbitral tribunal, it shall prepare an arbitration statement and serve it on both parties. If a party is dissatisfied with the arbitral award, it may file a lawsuit with the people's court within 15 days from the date of receipt of the award; If no prosecution is filed at the expiration of the time limit, the ruling shall take legal effect. II. Procedures to be prepared for labor arbitration:

Personal ID card, evidence, enterprise registration information (computer consultation sheet), if there is a person, a power of attorney and a person's ID card are also required.

Legal analysis: Arbitration first requires both parties to agree to decide the issue by arbitration, and there must be an arbitration agreement. Then submit the arbitration agreement, the application for arbitration and a copy thereof to the arbitration commission.

Pending acceptance by the Arbitration Commission. According to the Arbitration Law, if the arbitration commission finds that the conditions for acceptance are met within five days from the date of receipt of the arbitration application, it shall accept the application and notify the parties; Where it is found that the requirements for acceptance are not met, it will not be accepted, and a notice will be given and the reasons explained. Nafaux.

Legal basis: Arbitration Law of the People's Republic of China

Article 22 When a party applies for arbitration, it shall submit the arbitration agreement, the application for arbitration and a copy thereof to the arbitration commission. Article 23 The application for arbitration shall contain the following matters:

1) The name, gender, age, occupation, work unit and domicile of the parties, the name and domicile of the legal person or other organization, and the name and position of the legal representative or principal responsible person;

2) the claim for arbitration and the facts and reasons on which it is based;

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

Article 24 Within 5 days from the date of receipt of the application for arbitration, if the arbitration commission finds that the conditions for acceptance are met, it shall accept the application and notify the parties accordingly. Where it is found that the requirements for acceptance are not met, the parties shall be notified in writing not to accept it and the reasons explained.

Article 25 After accepting the application for arbitration, the arbitration commission shall, within the time limit specified in the arbitration rules, serve the arbitration rules and the list of arbitrators on the claimant, and serve a copy of the application for arbitration, the arbitration rules and the panel of arbitrators on the respondent. After receiving a copy of the application for arbitration, the respondent shall submit a statement of defence to the arbitration commission within the time limit specified in the arbitration rules. Upon receipt of the Statement of Defence, the Arbitration Commission shall, within the time limit specified in the Arbitration Rules, serve a copy of the Statement of Defence on the Claimant.

If the respondent fails to submit a statement of defence, it shall not affect the conduct of the arbitration proceedings.

Article 26 Where the parties reach an arbitration agreement, and one party files a lawsuit with the people's court without declaring that there is an arbitration agreement, and the other party submits the arbitration agreement before the first time after the people's court accepts it, the people's court shall reject the lawsuit, except where the arbitration agreement is invalid; If the other party does not raise an objection to the people's court's acceptance of the case before the first time, Boling shall be deemed to have waived the arbitration agreement, and the people's court shall continue to hear the case.

Article 27 The claimant may waive or amend the claim for arbitration. The respondent may admit or refute the claim for arbitration and has the right to make a counterclaim.

The process of arbitration: 1. When a case is filed and the parties apply for arbitration, they shall submit the arbitration agreement, the arbitration application and a copy thereof to the arbitration commission; 2. For the hearing, if the conditions for acceptance are met, the arbitration commission shall hear the trial within the specified time, and both parties shall appear in court to participate in the hearing; 3. The arbitration commission shall make a decision in accordance with the law.

Article 22 of the Arbitration Law of the People's Republic of China provides that when a party applies for arbitration, it shall submit the arbitration agreement, the arbitration application and a copy thereof to the arbitration commission. Article 24 of the Arbitration Law of the People's Republic of China: If the arbitration commission finds that the conditions for acceptance are met within five days from the date of receipt of the arbitration application, it shall accept it and notify the parties; Where it is found that the requirements for acceptance are not met, the parties shall be notified in writing not to accept it and the reasons explained.

The process of arbitration is as follows:

1. Accept the application.

2. Enforcement of defenses.

3. Review. 4. Make an enforcement ruling.

5. Preparation before execution.

6. Take enforcement measures.

7. Suspension of execution.

Collapse the organization of the arbitral tribunal.

According to the arbitration rules of the People's Republic of China, the claimant and the respondent shall each designate an arbitrator in the panel of arbitrators of the BAC, and the chairman of the arbitration committee shall appoint an arbitrator as the head of the arbitrator to jointly form an arbitral tribunal to hear the case. The parties may also designate an arbitrator as the sole arbitrator at the Panel of Arbitration Commissioners or entrust the dissolved presidium of the Arbitration Commission to appoint an arbitrator as the sole arbitrator and establish an arbitral tribunal to hear the case separately.

Folding arbitration is not a hearing, which is generally heard and awarded on the basis of written documents only at the request of the parties or with the consent of the parties by the arbitral tribunal. This kind of hearing shall be held in private in accordance with the provisions of the arbitration rules, and if the parties request a public hearing, the arbitral tribunal shall make a decision. <>

1) Acceptance.

1. The arbitration procedure begins with the parties applying to the arbitration institution for arbitration. Upon receipt of the application for arbitration submitted by the parties, the arbitration commission shall issue a notice of acceptance to the claimant within five days from the date of receipt of the application for arbitration, and at the same time issue a notice of arbitration and attachments to the respondent.

2. After receiving the notice of acceptance or the notice of arbitration, both parties shall do the following work:

1) The Claimant shall pay the arbitration fee in advance within the prescribed time limit, otherwise it will be deemed that the Claimant has withdrawn the application for arbitration;

2) The respondent may submit a written statement of defence to the arbitration commission within the time limit specified in the notice of arbitration;

3) Do a good job of checking and sorting out the evidence materials, and submit supplementary evidence when necessary;

4) Submit the letter of selection of arbitrators, the certificate of legal representative, the power of attorney detailing the authority of the arbitrator and other relevant materials in a timely manner;

5) In the event that the whereabouts of the respondent are unknown, the claimant shall take the initiative to find out its whereabouts and submit the exact address of the respondent to the arbitration commission, otherwise the arbitration proceedings will be affected;

6) If the respondent wishes to make an arbitration counterclaim, it must do so within the time limit specified in the arbitration rules.

3. In addition, both parties have the right to apply to the arbitration commission for property preservation and evidence preservation, and have the right to entrust lawyers and other persons to conduct arbitration activities.

2) Formation of courts.

1. The parties shall agree on the composition of the arbitral tribunal and the selection of arbitrators within the prescribed time limit. If the parties fail to agree on the composition of the arbitral tribunal or the selection of arbitrators within the prescribed time limit, the chairman of the arbitration commission shall appoint them. After the constitution of the arbitral tribunal, the arbitration commission shall issue a notice of constitution to the parties.

2. After receiving the notice of constitution, if the parties have doubts about the impartiality of the arbitrators, they may submit an application for challenge before the first time, and shall explain the reasons at the same time. If the reason for recusal is known after the first **, it can be raised before the end of the last **. After the arbitrator has been re-selected or appointed for the purpose of challenge, the parties may request that the arbitration proceedings that have already been carried out be re-conducted, and it shall be up to the arbitral tribunal to decide whether to allow it.

Labor arbitration awards are generally valid for one year, and both parties can defend their rights within one year. The process of arbitration is first of all to apply and accept, followed by the formation of a tribunal (to form an adjudication panel), then to lead a plea, and finally to make an award and provide relief. Remedies arise mainly from dissatisfaction with awards.

There are many things in life that can be resolved by arbitration. Arbitration, also known as "Chinese and civil trial", refers to the trial and adjudication of a third party other than the national judicial organ, that is, the parties voluntarily submit the dispute to a third party for trial, and the third party makes a judgment or award. The third party is either an arbitrator selected by the parties or an arbitral institution.

In general civil disputes, arbitration shall be conducted when mediation fails to reach an agreement, and the arbitral tribunal shall carefully listen to the statements and arguments of the parties, present relevant evidence, and then consult the final opinions of both parties in the order of the plaintiff and the defendant, and then conduct mediation.

I. Arbitration Process.

Arbitration Procedure means all the procedures that the parties should go through when submitting a dispute to arbitration in accordance with the arbitration agreement. Arbitration Process:1Filing a Request for Arbitration, which is the first proceeding at the commencement of the arbitration proceedings. The laws of different countries have different rules for applications.

2 .According to China's arbitration rules, the claimant and the respondent shall each appoint an arbitrator from the panel of arbitrators of the CIETAC and the chairman of the arbitration commission shall appoint an arbitrator as the first arbitrator to jointly form the arbitral tribunal to hear the case.

3.Establish an arbitral tribunal to hear cases alone.

4.The rendering of the award is the final step in the arbitration proceedings. After the award is made, the proceedings to hear the case are over, so the decision is called final.

2. The hearing stipulates that there are two ways to hear a case: one is not to hear the case, usually according to the application of the parties, or the arbitral tribunal, with the consent of both parties, only to hear and make a decision in writing. In accordance with the provisions of the Arbitration Rules, the hearing shall be held in private, and if the parties request a public hearing, the arbitral tribunal shall make a decision.

To sum up, the process of labor dispute arbitration is that you submit an application for labor arbitration to the arbitration commission, and the arbitration commission will make a decision on whether to accept the application within five days from the date of receipt of the application. If a decision is made to file a case, a relevant written notice will be issued to the applicant and the respondent within five days from the date of making the decision.