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THE ROLE OF THE SECRETARY IN COMMERCIAL ARBITRATION PROCEEDINGS
Explore the role, duties, and authority of the Arbitral Secretary in commercial arbitration proceedings at MCAC, including case file management, hearing support, document review, and the principles of impartiality and confidentiality.
WHEN PARTIES REACH A SETTLEMENT THROUGH MEDIATION DURING ARBITRAL PROCEEDINGS: WHAT IS THE LEGAL EFFECT OF THE SETTLEMENT?
Where the parties successfully settle their dispute through mediation, what is the legal effect of the decision recognizing their agreement, and is such decision enforceable under the law on civil judgment enforcement?
WHICH LAW GOVERNS AN ARBITRATION AGREEMENT IN A CONTRACT WITH FOREIGN ELEMENTS?
In international commercial transactions, parties often agree on the law governing their contract and on arbitration as the method of dispute resolution. However, does the law governing the contract automatically govern the arbitration agreement? If the parties have not agreed on the applicable law, which country's law is used to determine the validity of the arbitration agreement?
MAY A COURT RE-EXAMINE THE MERITS OF A DISPUTE WHEN CONSIDERING AN APPLICATION TO SET ASIDE AN ARBITRAL AWARD?
When considering an application to set aside an arbitral award, is the Court entitled to reassess evidence, reconsider the parties' rights and obligations, or alter the findings and decisions made by the Arbitral Tribunal?
AFTER FILING A LAWSUIT IN COURT, CAN A BUSINESS STILL REFER THE DISPUTE TO ARBITRATION?
In practice, a business may file a lawsuit in court only to discover subsequently that the contract between the parties contains an arbitration agreement. In other cases, the original contract contains no arbitration clause, but after a dispute arises, the parties agree to resolve it through arbitration.
Does filing a lawsuit in court preclude the possibility of resolving the dispute through arbitration? The answer requires consideration of when the arbitration agreement was concluded, its validity and scope, and whether the court has formally accepted the case or is still at the stage of receiving and reviewing the statement of claim.
WHO BEARS ARBITRATION FEES IN ARBITRAL PROCEEDINGS?
Who is required to pay arbitration fees initially?
Pursuant to Article 35(1) of the Arbitration Rules of the Middle Commercial Arbitration Center (MCAC), when filing a Statement of Claim, the Claimant must pay in full the arbitration costs of the Center specified in Article 34(1) and (2) of the Rules, in accordance with the Schedule of Arbitration Fees in effect at the time of filing, unless the parties agree otherwise.