ule 13 Arbitration Application
When applying for arbitration, the Claimant shall submit the following
documents:
i.An arbitration agreement;
ii.A Request for Arbitration;
iii.Proof of the parties¥“ identity; and
iv.Other documents the SZAC requires.
Rule 14 Content of Request for Arbitration
A Request for Arbitration shall include:
i.Names, addresses, zip codes, telephone numbers, facsimile numbers
of the Claimant and the Respondent; names of the legal representative
or the responsible person;
ii.Definite and concrete claims; and
iii.Facts and grounds on which the claims rely.
Rule 15 Acceptance of Claim
1. The SZAC shall decide to accept or to reject the Request for
Arbitration submitted by a party within five (5) days upon receipt
thereof.
2. The SZAC shall send a Notice of Acceptance attached with the
following copies to the Claimant if it considers the Request for
Arbitration complying with the requirements for acceptance and decides
to accept the case:
i. The SZAC Arbitration Rules; and
ii. The Panel of Arbitrators
3. A Notice of Acceptance shall contain the amount of arbitration
fees to be paid in advance and the time limit thereof. Should the
Claimant fail to pay within the required time limit, it shall be
deemed to have withdrawn the filing for arbitration.
4. Should the SZAC find the Claimant¥“s documents not complying
with requirement of these Rules, it may request the Claimant to
complete the required documents within a definite time limit. Should
the Claimant fail to complete them within the required time limit,
it shall be deemed that it has not filed a claim with the SZAC.
5. With respect to the claim not complying with the requirement
of acceptance, the SZAC shall notify the Claimant of it and state
the reasons.
Rule 16 Notice of Defense
The SZAC shall in due time send a written notice attached with
the following documents to the Respondent upon the acceptance of
a Request for Arbitration:
i.A Notice of Arbitration;
ii.A copy of Request for Arbitration and the attachments;
iii.The SZAC Arbitration Rules; and
iv.The Panel of Arbitrators.
Rule 17 Time Limit of Filing Defense
The Respondent shall submit a Statement of Defense, the evidence
and its identity proof within fifteen (15) days upon receipt of
the duplicate of the Request for Arbitration. The SZAC shall send
the duplicate of the Statement of Defense and the attached evidence
to the Claimant within five (5) days upon receipt thereof.
Rule 18 Content of Defense
1. The Respondent shall have the right to admit or refute the claims.
2. A Statement of Defense shall include:
i. Names, addresses, zip codes, telephone numbers, facsimile numbers
of the Respondent, names of the legal representative or the responsible
person;
ii. Viewpoint of the defense; and
iii. Facts and grounds on which the defense is based.
Rule 19 Waiver of Defense
Should the Respondent fail to submit a Statement of Defense or
should its Statement of Defense not comply with provisions of Rule
18 under these Rules, the arbitral proceedings shall not be affected.
Rule 20 Amendment and Waiver of Right
1. The Claimant shall have the right to amend or withdraw the claims.
2. The amendment to the claims shall be submitted no later than
the closing of the first oral hearing. The SZAC or the arbitral
tribunal may extend that time limit appropriately if there are justified
reasons.
3. Subject to the amended claims and upon the request of the Respondent,
the SZAC or the arbitral tribunal may extend the time limit of defense
or allow additional time limit thereof appropriately.
4. The Claimant shall pay additional arbitration fees, if any,
on the increased amount of dispute as a result of such amendment.
5. Should the Claimant withdraw all its claims, it shall be deemed
to have withdrawn its claims for arbitration and the SZAC shall
make a ruling.
Rule 21 Counterclaim
1. The Respondent shall have the right to file a counterclaim.
2. The counterclaim shall be filed in writing within the period
of defense. The SZAC or the arbitral tribunal, however, may extend
that time period appropriately if there are justified reasons.
3. Provisions of Rule 13 to Rule 20 under these Rules shall apply
to procedures such as the filing, acceptance, communication and
defense of a counterclaim.
4. Should the Claimant withdraw its claims or fail to file an answering
statement to a counterclaim, the arbitral proceedings as to the
counterclaim shall not be affected.
Rule 22 Preservation of Property
A party may apply for the preservation of property if it may become
impossible or difficult for the party to implement the arbitral
award due to an act of the other party or other causes. The SZAC
shall in due time forward the party¥“s application to the competent
People¥“s Court.
Rule 23 Representation
1. Parties that authorize their representatives to take part in
arbitration shall forward the SZAC a Power of Attorney.
2. A Power of Attorney shall be signed or affixed by the authorizer
with entrusted tasks and delegated authority.
Rule 24 Copies of Submissions
The parties shall submit in quintuplicate the Request for Arbitration,
the Statement of Defense, the Statement of Counterclaim and other
written documents. Where there are two or more Claimants or two
or more Respondents, proper copies shall be added accordingly. Where
the arbitral tribunal is composed of a sole arbitrator, the copies
shall reduce by two.
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