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The first step: the application for arbitration
,The Claimant shall submit to CMAC Shanghai the Application
for Arbitration in 5 copies. Under Summary Procedure,
the Claimant shall submit the Application in 3 copies.
The application shall include the following items:
(a) the name and address of the Claimant and those of
the Respondent (including the zip code, telephone number,
telex number and fax numbe, if any);
(b) the arbitration agreement relied upon by the Claimant;
which may be an arbitration clause in the contract concluded
between the parties or any other form of written agreement
providing for settlement of dispute by arbitration after
the occurrence of the disputes;
(c) the facts of the case and the main points of dispute;
(d) the Claimant's claim and the facts and evidence on
which his claim is based. The application for Arbitration
shall be signed and/or stamped by the Claimant and/or
the attorney authorized by the Claimant.
,When an Application for Arbitration is submitted to the
Arbitration Commission, the relevant documentary evidence
in 5 copies on which the Claimant¨s Claim is based shall
accompany the application. Under Summary Procedure, the
Claimant shall submit the above documents in 3 copies.
,The Claimant shall pay an arbitration fee in advance
to the Arbitration Commission in accordance with the Arbitration
Fee Schedule.
,The Respondent shall, within 30 days (20 days under Summary
Procedure) from the date of receipt of the Notice of Arbitration,
submit his written defense and relevant documentary evidence
to the Secretariat of the Arbitration Commission. The
Respondent shall, at the latest within 30 days (20 days
under Summary Procedure) from the date of receipt of the
Notice of Arbitration, lodge with the Secretariat of the
Arbitration Commission his counterclaim in writing, if
any. Also the Respondent must state in his written statement
of counterclaim his specific claim and facts and reasons
upon which his claim is based, and attach to his written
statement of counterclaim any relevant documentary evidence,
and pay an arbitration fee in advance.
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