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  • JAVY’s Sun Baiwen Discusses Arbitration-related Legal Issues

    Release Time:2023-08-10

    On August 2, 2023, the Zaozhuang Arbitration Committee participated in the Zaozhuang Comprehensive Radio's "Political Style Hotline" program. The session featured Deputy Director and Secretary-General Sun Xiaoyue, along with other key officials. They engaged with listeners, discussing various arbitration-related legal issues.


    Attorney Sun Baiwen from the Beijing JAVY Zaozhuang Branch was invited to join the broadcast as an arbitrator for the Zaozhuang Arbitration Committee. He addressed public inquiries and provided detailed responses to both phone calls and online messages.


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    Program Highlights


    The show focused on arbitration jurisdiction, filing, hearing, ruling, and enforcement. Key questions from the audience included dissatisfaction with arbitration results and subsequent remedies.


    Q&A Section:


    Question: A listener asked about submitting an arbitration for issues with a developer during the construction of a new house, even though they haven't taken possession yet.

    Answer: Attorney Sun explained that resolving civil and commercial disputes can be through court litigation or arbitration, depending on the contract. If arbitration is stipulated in the contract, it must be followed; otherwise, disputes go to court. If construction quality issues arise during contract execution, one should first negotiate with the developer. If unsatisfactory, they can file complaints with relevant authorities. Arbitration or litigation can also be pursued for breach of contract.


    Question: Another inquiry was about the inability to contact a central air conditioning vendor and whether arbitration could be pursued without a contract clause.

    Answer: Sun Baiwen noted that without an arbitration clause, the nature of the vendor’s unavailability must be clarified, whether it’s due to bankruptcy, disappearance, or other issues. If the vendor can’t be found, arbitration won’t resolve the issue. The exact recipient of payments must be identified, and appropriate legal actions can be taken based on whether the vendor is an individual, a business, or a company.


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