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How to Verify Service of an Arbitration Award in China

Introduction

In China, labor arbitration awards are legally binding and enforceable. However, proper service of the award is crucial to ensure its validity. This article will provide a comprehensive guide on how to verify service of a labor arbitration award in China.

Legal Framework

The Labor Dispute Mediation and Arbitration Law of the People's Republic of China (hereafter referred to as the Labor Law) governs the service of labor arbitration awards. Article 47 of the Labor Law stipulates that the arbitration commission shall serve the arbitration award to the parties within 10 days from the date it is made.

Service Methods

The Labor Law provides two methods for serving arbitration awards:

1. In Person: The arbitration commission may serve the award directly to the parties or their legal representatives. 2. Postal Delivery: The arbitration commission may mail the award to the parties' registered addresses. The award is deemed served on the date it is mailed.

Verification of Service

1. Postal Delivery: If the award is served by mail, the arbitration commission will typically provide a certificate of service or a mailing receipt. This document will state the date the award was mailed and the address to which it was sent. 2. In Person: If the award is served in person, the arbitration commission will have a record of the date and time of service. The party receiving the award may also request a written acknowledgment of service. 3. Alternative Methods: In some cases, the arbitration commission may use alternative methods of service, such as electronic mail or courier delivery. In these cases, the commission will provide appropriate documentation to prove the validity of the service.

Challenging Service

If a party believes that the arbitration award was not properly served, they may challenge the service by filing a motion with the arbitration commission within 10 days from the date they received the award or from the date they were deemed to have received it.

The motion should state the specific grounds for challenging the service and provide supporting evidence. The arbitration commission will then review the motion and make a determination.

Consequences of Improper Service

If the arbitration award is not properly served, it may be deemed invalid and unenforceable. This means that the party against whom the award was made may not be legally obligated to comply with its terms.

Conclusion

Verifying service of a labor arbitration award is essential to ensure its validity and enforceability. By following the procedures outlined in this article, parties can effectively protect their rights and obligations under Chinese law. It is advisable to seek legal advice from a qualified attorney if there are any questions or concerns regarding service of an arbitration award.