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How to Ascertain the Address of the Other Party in Labor Arbitration

In labor arbitration proceedings in China, it is crucial to know the address of the opposing party to ensure proper service of documents and effective communication. The following outlines the legal framework and practical steps involved in obtaining the address of the other party:

Legal Framework

Labor Dispute Resolution Law (LDRL) (Article 40): Requires parties to provide their true and current addresses in arbitration applications and responses. Civil Procedure Law (CPL) (Article 210): Stipulates that service of documents shall be made to the designated residence or business address of the party to be served.

Practical Steps

1. Initial Inquiry:

In the arbitration application or response, request the other party to provide their address. If the address is not provided or is incorrect, contact the arbitration commission for assistance.

2. Request from the Arbitration Commission:

The arbitration commission may request the employer to provide the employee's address. Employers are obligated to maintain accurate employee records, including addresses.

3. Court Assistance:

If the arbitration commission is unable to obtain the address, the party seeking arbitration can request assistance from the local court. The court may issue an order requiring the other party to disclose their address.

4. Public Records Search:

In some cases, the address of the other party can be obtained through public records, such as the National Business Registry or the Civil Registry.

5. Field Investigation:

If all other methods fail, the party seeking arbitration may conduct a field investigation to locate the other party's address. This may involve visiting their last known address or making inquiries in the neighborhood.

6. Alternative Service:

If the address of the other party remains unknown after all reasonable efforts, alternative service methods may be used, such as: Posting the documents on the arbitration commission's public bulletin board Publishing notice in a newspaper

Consequences of Failure to Provide Address

Failure to provide a true and current address may result in the following consequences:

Delay in the arbitration process Inability to serve documents properly Dismissal of the arbitration application or response (if the other party cannot be located)

Tips

Provide a complete and accurate address in all arbitration documents. Keep track of all efforts made to obtain the other party's address. Seek professional legal advice if you encounter difficulties in obtaining the address.

By following these steps and understanding the legal framework, parties involved in labor arbitration can effectively ascertain the address of the other party and ensure smooth proceedings.