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- Party Autonomy: During the arbitration, the parties have rights to chose arbitrators, site of arbitration, working language used for arbitration and governing or applicable law applied to the referred cases. The parties could make an arbitral agreement working out by themselves the procedures such as hearing before the arbitral tribunal, the exchange of evidentiary files, statement of separate opinions, or other special arbitral procedures required under specific circumstances. If without the aforesaid self-designed procedures, the whole arbitral matters would be determined by the arbitral tribunal adjudging the referred cases. So, compared with the procedures and schedules strictly formulated by judicial courts, the arbitration is more flexible.
 
- Finality (res judicata): The parties to commercial contracts have alternatives to solve the disputes between them arising out the contracts, but only judicial decisions or arbitral verdicts have final bindings and enforceable effect on the parties. The arbitral awards are distinguished from the judicial decisions by the fact that the former cannot be appealed to, being final and binding upon the parties once made. Although the arbitral awards could possibly be vacated by the courts in the situs of the arbitration or not be recognized and enforced by the courts of execution place, the reasons for the said courts performing such duties are very limited and usually confined to the procedural issues regarding foreign arbitrations.
 
- Confidentiality: No public hearing is hold during the arbitration unless otherwise agreed by the parties, which effectively protects the business secrets and business reputation probably involved in the arbitral process.
- International Recognition and Enforcement: The contracting parties of "Recognition and Enforcement of Foreign Arbitral Awards" (1958, "New York Convention") have 142 countries or regions and, according to the Convention, the arbitration awards could be recognized and enforced in these signatory parties. In addition, the arbitral award can also be implemented based on a number of the other international conventions and treaties. In 1987, "New York Convention" entered into force in China that made ​​the commercial reservation and reciprocity reservation upon joining it.

 

Contact Us

If you need legal service or consulting, You can also contact us directly by the ways below: 

Attorney Zhao Junxi (Seaer Zhao)
Grandall Law Firm
Address: 
Beijing Office: 9th Floor, Taikang Financial Tower, No. 38 North Road East Third Ring, Chaoyang District, Beijing, P.R.C
Chengdu Office: 9/F, Building 26, Boundary-Freeland Center, No. 269, Tianfu 2 St., Hi-Tech Zone, Chengdu CitySichuan Province, P.R.C 610095
Cell Phone: (+86)18982170437
                      (+86)13881816953
E-mail: zjunxi@gmail.com (Abroad)
             742042577@qq.com (Home) 
 
 
 

 

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