Meaning
Procedural formal communications measured against statutory court deadlines and judicial directives initiate the re-examination of arbitral awards under Chinese dispute resolution procedure. A re-arbitration notice is issued by an arbitral institution or judicial authority to inform disputing parties that an arbitration panel has agreed to reopen proceedings under judicial remand instructions. Article 61 of the PRC Arbitration Law governs the issuance and timing of this document during pending setting-aside applications before an Intermediate People’s Court.
Receipt of the notice establishes fixed procedural periods for submitting supplementary evidence or filing amended submissions.
Procedural Consequence
Service of the notice suspends judicial review of the setting-aside application while reactivating tribunal jurisdiction over specified procedural issues. Upon receipt of a re-arbitration notice, parties must present arguments strictly limited to the remediable defects identified in the court order. The tribunal cannot expand the scope of hearings to settled factual issues or unremanded claims.
Time Boundary
Arbitral commissions establish strict calendars for submission of evidence and oral hearings following notice issuance. Failure to participate after valid service of a re-arbitration notice results in default proceedings and confirmation of modified awards without party input.
Judicial Resolution
Court proceedings resume immediately if the tribunal fails to issue an amended award within the designated remand window.
