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The county-level contract arbitration institutions are set up within the Human Resources and Social Security Bureau.
The arbitration institutions for the contract are as follows:
1. Contract disputes and other disputes over property rights and interests between equal subjects may be applied for arbitration at the municipal arbitration institution where the people of the municipality directly under the Central Government and the provincial or autonomous region are located, or in other districted cities as needed;
2. In the event of a dispute between an employer and an employee arising from the conclusion, performance, modification, dissolution or termination of a labor contract, the employer may apply for arbitration to the labor dispute arbitration commission established in the city or county as decided by the people of the province or autonomous region.
Economic contract arbitration refers to the occurrence of a dispute between the parties to an economic contract, and the two parties fail to reach an agreement through negotiation, and the economic contract arbitration authority shall make a legally binding award according to law according to the application of one of the parties.
The method of adjudication is as follows:
1. The award shall be made in accordance with the opinions of the majority of the arbitrators, and the dissenting opinions of the minority arbitrators may be recorded in the record. If the arbitral tribunal is unable to form a majority opinion, the award shall be made in accordance with the opinion of the presiding arbitrator. The arbitral tribunal may submit a major or difficult case to the arbitration commission for discussion and decision, and the arbitral tribunal must implement the decision of the arbitration commission.
2. After the arbitral tribunal has made an award, it shall prepare an arbitral award. The award shall be signed by the presiding arbitrator, the arbitrator and the clerk, and shall be stamped with the seal of the BAC.
3. If the award is announced in court, the award shall be issued within 5 days; Where an award is announced on a regular basis, the written award shall be issued immediately after the award is announced.
4. The arbitral tribunal shall generally conclude the case within 60 days from the date of constitution of the arbitral tribunal. If the case is complicated and requires an extension, it may be appropriately extended with the approval of the BAC, and the extension period shall not exceed 30 days.
Article 9 of the Arbitration Law of the People's Republic of China implements a system of finality in arbitration. After the award is rendered, if the parties apply for arbitration or file a lawsuit with the people's court again for the same dispute, the arbitration commission or the people's court shall not accept it.
If the award is revoked or not enforced by the people's court in accordance with law, the parties may apply for arbitration in accordance with the arbitration agreement reached by the two parties in respect of the dispute, or may file a lawsuit with the people's court.
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There is generally no commercial arbitration institution at the county level, and generally only the labor contract dispute arbitration institution, that is, the Labor and Personnel Dispute Arbitration Court (formerly known as the Labor and Personnel Dispute Arbitration Commission), which is an internal institution of the Human Resources and Social Security Bureau, and is generally located within the Human Resources and Social Security Bureau.
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The arbitration commission may be established in the municipality directly under the Central Government and in the city where the people of the province or autonomous region are located, and may also be established in other cities divided into districts as needed, and shall not be established at the level of administrative divisions. The arbitration commission shall be established by the relevant departments of the people's organizations and chambers of commerce of the municipality specified in the preceding paragraph.
The establishment of an arbitration commission shall be registered with the judicial administrative department of the province, autonomous region or municipality directly under the Central Government.
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There is no contract arbitration institution, only contract disputes, and both parties agree to submit them to arbitration institutions. However, arbitration institutions are not subject to the establishment of administrative divisions. If you're asking about a county-level contract notary office, it's usually at the county judicial office.
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1. Contract disputes and other disputes over property rights and interests between the people, legal persons and other organizations of equal subjects may apply for arbitration at the municipal arbitration institution where the people of the municipality directly under the Central Government and the people of the province or autonomous region are located, or in other districted cities as needed.
2. In the event of a dispute between an employer and an employee arising from the conclusion, performance, modification, dissolution or termination of a labor contract, a labor dispute arbitration committee may be established in the city or county as decided by the people of the province or autonomous region.
Legal basis: Article 14 of the Arbitration Law of the People's Republic of China provides that the arbitration commission is independent of and has no subordinate relationship with the administrative organ. There is also no affiliation between the arbitration commissions.
Article 15 of the Arbitration Law of the People's Republic of China The China Arbitration Association is a social organization legal person. The Arbitration Commission is a member of the China Arbitration Association. The constitution of the China Arbitration Association shall be formulated by the National General Assembly. Guess the match.
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Legal Analysis: The contract arbitration institution is the local arbitration commission.
Legal Basis:
Article 10 of the Arbitration Law of the People's Republic of China The arbitration commission may be established in the municipality directly under the Central Government and the city where the people of the province or autonomous region are located, and may also be established in other cities divided into districts as needed, and shall not be established at the level of administrative divisions.
The arbitration commission shall be established by the people's organizations of the city as provided for in the preceding paragraph, the relevant departments and the chamber of commerce.
The establishment of an arbitration commission shall be registered with the judicial administrative department of the province, autonomous region or municipality directly under the Central Government.
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Contract arbitration institutions are usually the responsibility of the following departments:1Arbitration Commission: The arbitration institution in China is generally called the arbitration commission.
It is an arbitration institution established in accordance with the Arbitration Law to resolve economic disputes, and has a judicial function, but it is different from the courts. 2.Some large arbitration institutions are called arbitration courts, such as the Beijing International Commission for Arbitration and the Beijing International Commission for Arbitration and Arbitration under the Beijing Arbitration Commission.
They accept foreign-related or significant arbitration cases. 3.Industry arbitration institutionsSome industries have also set up special arbitration organizations, such as the China Maritime Arbitration Commission and the Arbitration Center of the China Association of Maritime Arbitration Commission.
4.The people's courts and people's courts have adjudication committees under them, which also have the function of arbitration and verification when conducting mediation. 5.
The ICC Court of Arbitration handles foreign-related commercial disputes, such as the China International Economic Arbitration Commission (CIETAC). 6.Professional arbitration institutions.
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Legal Analysis: The Arbitration Commission is a permanent arbitration institution, which is an independent, impartial and efficient permanent arbitration institution for resolving contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations with equal subjects. Generally, it is established in the municipality directly under the Central Government, the city where the people of the province or autonomous region are located, and it can also be established in other districted cities as needed, and is not established at the level of administrative divisions.
The arbitration commission shall be established by the relevant departments of the people's organizations and chambers of commerce of the city, and shall be registered by the judicial administrative departments of provinces, autonomous regions and municipalities directly under the Central Government.
Legal basis: Article 10 of the Arbitration Law of the People's Republic of China The arbitration commission may be established in the city where the people of the municipality directly under the Central Government and the people of the province or autonomous region are located, and may also be established in other cities divided into districts as needed, and shall not be established at the level of administrative divisions. The arbitration commission shall be organized by the people's ** of the city specified in the preceding paragraph, and the relevant departments and chambers of commerce shall be organized in a unified manner.
The establishment of an arbitration commission shall be registered with the judicial administrative department of the province, autonomous region or municipality directly under the Central Government.
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