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What form should the arbitral award take?

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What form should the arbitral award take?


        

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  • 2024-06-10 09:00:04

    1. The arbitration award shall be made according to the opinion of the majority of arbitrators. Making an arbitral award according to the opinion of the majority of arbitrators is a basic principle of the award, that is, the principle that the minority is subordinate to the majority, which is also a commonly applicable way of arbitration practice. 2. The arbitration award shall be made according to the opinions of the chief arbitrator.

    List of contents of this article:

    1. What are the forms of arbitration award? 2. What are the forms of arbitration award? 3. The similarities between arbitration mediation statement and arbitration award

    What forms should be adopted for arbitral award

    The arbitral award is made by the arbitral tribunal. In the case of a hearing conducted by a sole arbitration tribunal, the sole arbitrator shall make an arbitral award; For the hearing conducted by the collegial arbitration tribunal, three arbitrators shall collectively make an arbitral award. According to the present provisions of the Arbitration Law, when the collegial arbitration tribunal makes an arbitral award, it shall adopt different methods according to different circumstances:

    1. The arbitration award shall be made according to the opinion of the majority of arbitrators. Making an arbitral award according to the opinion of the majority of arbitrators is a basic principle of the award, that is, the principle that the minority is subordinate to the majority, which is also a commonly applicable way of arbitration practice. China's arbitration law stipulates that when the arbitration tribunal cannot form a majority opinion, the award shall be made according to the opinion of the chief arbitrator.

    Similarities between arbitration mediation statement and arbitration award

    The arbitration mediation statement and the arbitration award, as the way of settling labor arbitration cases, have the same place: after the arbitration mediation statement and the arbitration award are delivered, it indicates that the labor dispute arbitration committee has resolved the dispute between both parties from the arbitration legal procedure, which means the end of the arbitration procedure; Both parties shall consciously perform.

    After the arbitration mediation statement and arbitration award become effective, the parties may not apply to the arbitration authority for arbitration with the same reason and the same fact. If an application for arbitration is filed, the labor dispute arbitration organ will not accept it. According to the Regulations on the Handling of Enterprise Labor Disputes, "the parties shall perform legally effective mediation statements and rulings within the specified time limit. If one party fails to perform within the specified time limit, the other party may apply to the people's court for compulsory execution." The notice of assistance in execution issued by the people's court to implement mediation statements and rulings, Relevant units and personnel must implement. Therefore, both the mediation statement and the award have the force of enforcement.

    If there is any unclear or new situation, we suggest you directly ask questions online to understand the situation of the communication case. The idle lawyers of the intelligent matching platform will give you detailed and targeted answers, and try to explain the general situation to avoid incorrect answers due to incomplete information and poor communication. I wish success in safeguarding human rights.

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