Home > Q&A > Whether the litigant can file a lawsuit over the same dispute after the arbitral award was rendered?
24 October 2017

QUESTION

Whether the litigant can file a lawsuit over the same dispute after the arbitral award was rendered?

    No. The arbitral award is final and binding upon both parties. Where the litigant applies for arbitration or brings a lawsuit before a people’s court over the same dispute after the arbitral award was rendered, the WHAC or the people’s court shall not accept his application.

QUESTION

24 October 2017
Whether the Mediation Statement has legal effect?

    The arbitral tribunal shall conduct the mediation prior to rendering an arbitral award on the condition that the parties are willing to seek mediation on a voluntary basis. Where the parties have reached a mediated agreement, the arbitral tribunal shall render a mediation statement or an arbitral award based on the mediated agreement. A Mediation Statement shall have the same legal effect as that of an arbitral award.

QUESTION

24 October 2017
What’s the time limit for rendering an arbitral award?

    For cases applying to general procedure, the arbitral tribunal shall render an arbitral award within four months as from the date of the formation of the arbitral tribunal. For cases applying to summary procedure, the arbitral tribunal shall render an arbitral award within two months as from the date of the formation of the arbitral tribunal. For cases applying to foreign-related arbitration procedure, the arbitral tribunal shall render an arbitral award within six months as from the date of the formation of the arbitral tribunal.

QUESTION

24 October 2017
Whether an Arbitration Application can be withdrawn?

    Yes. Where a case is to be withdrawn prior to the formation of the arbitral tribunal, the Arbitration Commission shall make a decision on the withdrawal. Where a case is to be withdrawn after the formation of the arbitral tribunal, the arbitral tribunal shall make the decision.

QUESTION

24 October 2017
Whether the date of an oral hearing can be advanced or postponed?

    Where the parties agree to apply for an advance oral hearing and the arbitral tribunal consent, the arbitral tribunal may decide to advance the oral hearing. Where a party has justified reasons to apply for a postponement of the oral hearing, he shall submit the request in writing within the time limit prescribed by the Arbitration Rules. The arbitral tribunal shall decide whether or not to postpone the oral hearing.