Application for Arbitration/Counterclaim


Following rules are generally applied to the arbitration cases refer toShanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) Arbitration Rules. Where a arbitration case is conducted under any other arbitration rule, the parties shall apply for arbitration/counterclaim pursuant to the relevant regulations therein and where no explicit stipulations are made, the parties may refer to the following rules.


1. Documents for Application for Arbitration

(1) A writtenRequest for Arbitrationsigned by and/or sealed by the Claimant and/or its authorized representative(s), which shall,inter alia, include:

A. Names and domiciles of the Claimant and the Respondent, including but not limited to the zip code, phone number, fax number, telegraph number, email address and other electronic communication modes;

B. Invoked arbitration agreement(s) between the Claimant and the Respondent;

C. Arbitration Claim(s);

D. Facts and grounds on which the claims are based

(2) Evidences on which the claim are based

(3)The Partys identity certification documents and other relevant documentary evidence


Where any identity certification document, power of attorney and other relevant documentary evidence which generated outside of the Peoples Republic of China, shall complete the formalities of notarial certification before application for arbitration.


2. Documents for Counterclaim and/or Amending Claim/Counterclaim

Where the Parties apply for counterclaim(s) and/or amend its claim(s)/counterclaim(s) during an arbitration proceeding, may refer to the documents need to be submitted when applying for arbitration.


3. Preservation Documents

(1) Preservation Request

(2) Documents for Application for Arbitration


Where thePreservation Requestshall be forward to the competent court by SHIAC, pursuant to the relevant laws of the jurisdiction, name and address of the competent court are needed to be submitted.


Where the preservation shall be applied to the competent court before applying for arbitration, pursuant to the relevant laws of the jurisdiction, documentary evidence of such preservation are needed to be submitted when applying for arbitration.


4. Other Questions

(1) Copies of Documents

A. Documents other than identity certification and power of attorneys shall be submitted by the parties:

Amount in dispute over RMB 1,000,000, five copies shall be submitted;

Amount in dispute under RMB 1,000,000, three copies shall be submitted;

B. Where the Parties to the constitution of arbitral tribunal have agreed otherwise regarding the number of arbitrator, copies of documents shall submitted as the agreement;

C. Where under the circumstance of multi-parties, copies of documents shall be submitted as the numbers of the other parties;

D. Where a party has other contact addresses, besides the legal address, additional copies of documents shall be submitted accordingly;

E. Where a party applies for preservation, two copies of Preservation Request and one additional documents for application for arbitration shall be submitted.

(2) Language Version of Documents

Where the Parties reached agreement on the working language of arbitration, documents for application for arbitration shall be submitted in the agreed language. Where the Parties do not reach any agreement on arbitration language, such documents shall be submitted in the language according to the arbitration rules agreed by the Parties.

(3) How to Apply for Arbitration

The Claimant may come to the office location of SHIAC in person to submit documents for application for arbitration. The Claimant may also submit such application via mail or other ways accepted by SHIAC.

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