I recently do some research on establishing an arbitration committee at the instruction of our client. I am not sure whether the client really intends to establish an arbitration committee by himself, if it is true, it’s indeed an excellent idea, despite of the difficulties in practice. Having always been a party to a case or an attorney representing a party before judges or arbitrators, it does feel good to be an arbitrator or control an arbitration committee.
The obstacle, however, is big. The most difficult part is to get the permit from the government. According to China Arbitration Law, the government of a city or municipality has the power to organize departments and relevant chambers to establish an arbitration committee, which means, as a non-governmental organization, mainly refers to commercial chambers, can only participate in the founding process, and the discretion is in the hand of the government.
So, as a commercial chamber, there is an opportunity to be one of the founders of an arbitration committee subject to the support and organization of the government. The specific requirements and documents are as follows.
Requirements
(1) It shall have its own name, domicile and Articles of association;
(2) It shall possess the necessary property;
(3) It shall have its own members; and
(4) It shall have appointed arbitrators.
Required documents
(1) Application letter
(2) Official documents regarding establishing an arbitration committee issued by the government of the city or municipality.
(3) Articles of association
(4) Proof of necessary fund
(5) Proof of domicile
(6) Duplicate letter of employment of its members
(7) Name list of the arbitrators