SCIA Guidelines for Online Case Filing
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SCIA Guidelines for Online Case Filing
In order to resolve any dispute over contracts and other property rights and interests quickly and efficiently through online arbitration, the Shenzhen Court of International Arbitration (hereinafter referred to as "SCIA") formulated the SCIA Guidelines for Online Case Filing .
I. Online Arbitration Platform
(I) SCIA establishes a safe and convenient online arbitration platform (including but not limited to the online arbitration platform at the portal website https://online.scia.com.cn and the official account and service account of SCIA, hereinafter referred to as the "online platform") for the parties.
(II) To use the online platform of SCIA, parties shall have the necessary equipment and technical capabilities for conducting online arbitration, including but not limited to sending and receiving e-mails, using mobile communication tools, participating in online video hearings, etc.
(III) The parties shall file a case online by logging into the online platform of SCIA.
II. Online Case Filing Process
(I) Registering an account
The parties shall register accounts at the portal website of SCIA (http://www.scia.com.cn/) with their real names. Afterwards, the parties could log in upon authentication for online case filing.
(II) Submit case-related documents online
The parties shall submit an arbitration application, the qualification documents of the applicant and the respondent, the power of attorney, the evidence list and the evidence documents, etc. in image formats or PDF files.
(III) Enter case-related information
In the case information page, the parties shall enter the necessary information. This information includes the applicant's name, the respondent's name, the arbitration basis, the arbitration claim, and the facts and reasons. They may also copy the arbitration application to a Word format by using the "Import from Arbitration Application" feature. The system will automatically identify the above information. The parties shall then check and correct the case-related information, if necessary.
(IV) Confirm the address for service
At "Address for Service", the parties shall confirm their address for service. SCIA will deliver the arbitration documents to the address for service purpose that has been confirmed by the parties. SCIA or the arbitral tribunal may deliver the arbitration documents and the evidence documents submitted by the parties by electronic means. These means include online platforms, SMS, e-mail, IM account, etc. Paper documents are available for download if needed.
Any document delivered to the electronic address confirmed by the parties shall be deemed to have been well served when it arrives at the specific system at the aforementioned address.
Any document delivered through the online platform shall be deemed to have been well served at the date displayed on the online platform when it is sent successfully.
(V) Submit to SCIA
When all the case-related documents and information are entered, click to submit them all to SCIA. However, the parties are still required to mail all the documents in paper or in hard copy to SCIA. Each party and SCIA shall keep one set of copies of these documents unless otherwise agreed upon by the parties, or otherwise required by SCIA or the arbitral tribunal. One additional copy shall be sent to each additional address of the other party. If the case-filing documents are not mailed to SCIA within 30 days, the online platform will return the case to the parties.
After receiving the documents that are sent by the parties, SCIA will notify the parties by SMS or e-mail. The parties can check the telephone number and e-mail of the clerk.
(VI) Review and accept cases
1.Cases in which the conditions of accepting cases are met, but the case-filing documents are incomplete or need to be modified
The clerk may require the parties to make amendments and supplements within a certain period of time. They may even issue a Notice on Amending the Arbitration Application if appropriate. After the parties modify the arbitration application or provide the documents according to the requirements in the notice, they shall resubmit through the online platform.
2.Cases in which the conditions of accepting cases are not met.
The clerk may issue a Notice of Rejection if appropriate and alter the status of the case as rejected.
3.Cases in which the conditions of accepting cases are met.
The clerk shall generate the Notice on Arbitration Application and an invoice. They will deliver the arbitration documents by whatever electronic means that have been accepted by the parties.
(VII) Pay the arbitration fee in advance
The parties shall pay the arbitration fee within 15 days from the date of receiving the invoice. This should be done either by card at SCIA or by bank remittance. The payment code must be noted in case of remittance. Upon successful payment and reconciliation, the parties will receive an SMS confirming a successful payment.
III. Miscellaneous Matters
Matters not covered in the Guidelines shall be handled in accordance with the relevant provisions of the SCIA Arbitration Rules or other applicable arbitration rules.
Tips for Applying for Arbitration
I. Format of the arbitration application
(I) The subject information of the applicant and the respondent. This includes but is not limited to the name, address, ID number, legal representative or person in charge, postal code, e-mail, fax, telephone number, or another electronic means of communication. The applicant shall provide the address and telephone number of the respondent. If the respondent has several addresses or telephone numbers, they may be listed one by one in the application. If there are two or more applicants or respondents, they shall be listed as "First Applicant", "Second Applicant" or "First Respondent", "Second Respondent" and so on.
(II) The arbitration clause or arbitration agreement on which the applicant is based. The title and specific content of the contract to which the arbitration agreement or arbitration clause belongs shall be clearly stated.
(III) Arbitration claims. The arbitration claims shall be clear and specific. If the applicant claims for an interest and liquidated damages, he/she shall specify the specific starting date, deadline, and standard for calculating such claim. If the claim starts before the date of applying for arbitration, he/she shall also specify the provisional amount as of the date of applying for arbitration. In addition to the arbitration fee, the applicant's other payment claims shall be proposed with specific amounts.
For example, the interest shall be paid on the principal of CNY XX at the benchmark loan rate of the People's Bank of China in the same period and for the same level from MM/DD/YYYY to August 19, 2019, and at the quoted loan rate published by the National Inter-Bank Funding Centre in the same period from August 20, 2019 to the date of actual payment, that is CNY XX as a provisional sum as of MM/DD/YYYY.
(IV) Facts and reasons. The execution of the contract in dispute, the terms and conditions related to the arbitration claim, the facts and basis for both parties to perform the contract, the contract basis and legal basis for proposing the arbitration claim, etc. may be specified.
The applicant shall submit the original arbitration application. If the applicant is a legal person or other organization, the arbitration application shall be affixed with the official seal or with a signature of the authorized representative and the official seal. If the applicant is a natural person, the arbitration application shall be signed by himself/herself. If the arbitration application is signed or sealed by electronic means, relevant certificates verified by an electronic signature authentication system or a third-party electronic authentication institution shall be submitted.
II. List of documents, evidence documents, and evidence list submitted by the parties
The parties shall submit the list of documents in duplicate. These should specify any materials other than evidence.
The evidence documents shall be clearly copied and page numbered, and each document shall be accompanied by an evidence list.
The evidence list shall include the name, content, and number of pages of the evidence document.
If the evidence is submitted in a recorded format, it is recommended that a document is attached to it.
III. Subject qualification documents of the applicant and the respondent
(I) If the applicant is a natural person, he/she shall submit the front and back copies of his/her valid ID card，passports, or other valid identity certificates.
(II) If the applicant is a legal person or other organization, they shall submit:
1. A copy of the business license or a copy of the establishment or registration certificate issued by the registration authorities.
If the applicant does business in a special industry, they shall submit a license for that special industry. For example, banks and asset management companies must issue financial business licenses.
In case the name, legal representative, or person in charge of the applicant changes, a change information inquiry sheet shall also be submitted.
If the applicant is a legal person registered in Hong Kong, Macao, Taiwan, or abroad, they shall submit an establishment or registration certificate. It is recommended that this is notarized and authenticated.
2. An original certificate of the legal representative or person in charge of the applicant.
3. The front and back copies of a valid ID card that belongs to the legal representative or person in charge.
(III) If the respondent is a natural person, the applicant shall submit the front and back copies of the respondent's valid ID card，passports, or other valid identity certificates.
(IV) If the respondent is a legal person or other organization, the applicant shall submit:
The respondent's commercial subject information inquiry sheet or a copy of the establishment or registration certificate issued by the registration authorities (available online, and the prints shall show the printing date and the web page link).
If the respondent is a legal person who is registered in Hong Kong, Macao, Taiwan, or abroad, the applicant shall submit the establishment or registration certificate of the respondent.
In case the name, legal representative, or person in charge of the respondent changes name, the applicant shall submit a change information inquiry sheet.
IV. Power of attorney
The applicant shall submit the original power of attorney that was sealed by a legal entity or other organization or signed by a natural person. The power of attorney has some expressions different from those in a lawsuit. For example, it shall specify that "XXX is hereby appointed as the arbitration agent in this case". In the case of special authorization, the scope of authorization shall be specified, e.g., "to sign the arbitration application on one’s behalf, to recognize, waive or alter the arbitration claim on one’s behalf, to choose arbitrators or settle the dispute on one’s behalf".
If the applicant is a natural person and authorizes another natural person to act on his/her behalf, the applicant shall go to SCIA and sign the power of attorney in person. If the applicant fails to do so, the power of attorney shall be notarized or authenticated.
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