The issue of arbitration over adjudication, whether the arbitral award exceeds the arbitration reque

Hello, combined with the relevant provisions of the Arbitration Law, I would like to answer to you:

1. According to your problem description, you should be the lender of the loan agreement. As far as the loan itself is concerned, the arbitration commission has ruled that the other party should pay you the loan, which means that the arbitration commission has recognized the validity of the loan agreement, and from the perspective of the loan agreement, you are advantageous.

2. Now the other party has not actually fulfilled the loan, which is the result of the conversion of the final payment of the construction. Even if the other party can provide corresponding evidence to prove this claim, but the loan agreement was signed under the condition of equal negotiation between the two parties, and you have agreed to deal with the balance payment in such a way, and your claim for your rights in accordance with the valid loan agreement is not beyond the scope of arbitration of this arbitration of the arbitration commission. What's more, the other party may not be able to adduce valid evidence.

3. In fact, there is no mention of the conversion of the final payment in this matter, which has no impact on you. You calculate the time limit for performance according to the time limit specified in the arbitral award, and if the other party fails to perform within the time limit, you will immediately file an application for enforcement with the Intermediate People's Court where the other party is located or where the property subject to enforcement is located.

4. If the other party has filed a request for revocation to the court, you can prepare how to defend to the court, and don't worry too much.

The construction contract is originally a civil case, which should not be handled by labor arbitration, but should be handled in the people's court.

Hello, I don't know much about this question either. But you can ask our teachers.

Hope you help.

It's not a sentence or two, so find a lawyer.

Summary. An over-adjudication is an award that goes beyond the requirements of the Claim for Arbitration. For example, the arbitration claims compensation of RMB 100 for lost time costs, but the award orders compensation of RMB 200 for lost time costs. It's overcut.

What is a super-award, please combine the arbitration matters with the arbitration request.

An over-adjudication is an award made beyond the requirements of the application for arbitration. For example, the arbitration claimed compensation of 100 yuan for lost time expenses, but the judgment ordered 200 yuan for lost time expenses. It's overcut.

Article 58 of the Arbitration Law Where a party submits evidence to prove that the award falls under any of the following circumstances, it may apply to the Intermediate People's Court at the place where the arbitration commission is located to revoke the award of dust lease: (1) the arbitration agreement on the award of slag resistance has not been assigned; (2) the matter to be adjudicated does not fall within the scope of the arbitration agreement or the arbitration commission has no authority to arbitrate;

Article 19 of the Judicial Interpretation of the Arbitration Law provides that if a party applies for revocation of an arbitral award on the ground that the matters of the arbitral award exceed the scope of the arbitration agreement, and the case is found to be true after examination, the People's Chunzhou People's Court shall revoke the excess part of the arbitral award. However, if the over-adjudication part is inseparable from other adjudication matters, the People's Court shall revoke the arbitral award.

Is the arbitration case the case dealt with?

That's right. <>

Each case has a different statement of claim and a different claim.

Can you analyze the over-adjudication from the perspective of the limitation of the arbitration claim? Thank you <>

What is the purpose of your question, I can give it to you. In the first place, the request for an arbitration cannot exceed the provisions of the arbitration agreement. For example, it is agreed that for liquidated damages, the two parties can apply for arbitration if the agreement fails to negotiate.

However, arbitration is also applicable to the termination of the contract. If the award includes the termination of the contract, it is an over-ruling. Back to sail debate.

Are you learning to use it or have you encountered something specific? If you are clearer, Caizhou will be able to blind you. In addition, there is a difference between academics and practice. The solution is not the same. <>

According to the relevant laws and regulations, if the arbitration is overloaded, it may apply to the Intermediate People's Court where the arbitration commission is located to set aside the award. In addition, if a party applies for revocation of an award, it shall do so within six months from the date of receipt of the award. The Jinglun 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.

After accepting Shen Liangmu's petition for revocation of the award, the people's court finds that the arbitral tribunal can re-arbitrate, it shall notify the arbitral tribunal to re-arbitrate within a certain period of time, and rule to suspend the revocation procedure. If the arbitral tribunal refuses to re-arbitrate, the people's court shall rule to resume the revocation procedure.

According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases, "after the people's court accepts the labor dispute case, the parties may add new claims without loss." If the newly added litigation claim is inseparable from the disputed labor dispute, it shall be heard together; If the newly added claim is an independent labor claim, the people's court shall inform the parties to apply to the labor dispute arbitration commission for arbitration."

According to this provision, you can file a new claim with the people's court, but since your new claim is an independent pension insurance dispute and is not inseparable from the previous claim for overtime pay, the people's court will not deal with the request, but will inform you to apply to the labor dispute arbitration commission for new arbitration.

1. Other laws stipulate that in labor dispute arbitration cases, the omission of arbitration claims shall be handled in accordance with Article 41 of the Rules for the Handling of Labor and Personnel Dispute Arbitration Cases. "Article 41: The claimant may file a request for addition or modification of arbitration before the expiration of the time limit for presenting evidence; If the arbitral tribunal finds that the arbitration claim should be accepted after examining the additional or modified arbitration claim of the claimant, it shall notify the respondent and grant a time limit for reply, unless the respondent expressly waives the time limit for reply. If the claimant submits a request for addition or modification of arbitration after the expiration of the time limit for presenting evidence, it shall submit it separately and handle it in a separate case.

Article 56 of the Arbitration Law stipulates that the arbitral tribunal shall correct any errors in the wording or calculation of the award or matters that have been decided by the arbitral tribunal but omitted from the award; Within 30 days from the date of receipt of the award, the parties may request the arbitral tribunal to make corrections. Accordingly, the arbitral tribunal's amendments to the arbitral award are limited to three types: (1) clerical errors in the arbitral award; second, the calculation errors in the arbitral award; The third is the matters that it has been adjudicated but omitted from the arbitral award.

The amendment may be made by the arbitral tribunal itself, and the parties may also request the arbitral tribunal to make amendments within 30 days from the date of receipt of the award.