Adjournment of the arbitration hearing refers to the act of postponing the arbitration hearing to another date at the request of the parties when the arbitral tribunal has fixed a date for the hearing in the arbitral proceedings, but before that date, there are statutory reasons that make it impossible to proceed with the arbitral hearing as scheduled. The following is a detailed explanation of the adjournment of the arbitration hearing and the steps to apply for an adjournment of hearing:
PART.1
Several conditions for a party to apply for an adjournment of the arbitration hearing
The adjournment of the arbitration hearing usually requires justifiable reasons, including but not limited to: the parties who must appear at the hearing and other participants of the arbitration do not appear for legitimate reasons, such as sudden illness, traffic delay, force majeure, etc.;
(1) Where a party has insurmountable reasons, has difficulty appearing in court, or is unable to appear in court, and temporarily submits an application for recusal. If the parties have the above justifiable reasons, they may explain to the arbitral tribunal before the hearing and provide relevant proofs;
(2) The parties need to notify new witnesses to appear in court, collect new evidence, re-evaluate or inquest, or need to supplement the investigation;
(3) Other circumstances that shall be extended, such as the inability to proceed as scheduled due to objective reasons.
PART.2
How to request an adjournment of hearing
Preparation of application materials:
(1) Application for postponement of hearing: Clearly state the specific reasons and basis for the postponement, as well as the expected time for the extension.
(2) Relevant evidentiary materials: If the postponement is caused by illness, the disease certificate issued by the hospital shall be provided.
(3) Submit an application for extension:
1. Submit the prepared application materials to the arbitration commission and explain the situation;
2. The parties shall submit a written application to the BAC for postponement of the hearing three days before the hearing.
(4) Pending the decision of the Arbitral Tribunal:
1. The arbitral tribunal will decide whether to agree to the postponement of the hearing according to the actual situation and notify the claimant in a timely manner.
2. The arbitral tribunal will grant the request for an adjournment of the hearing if it considers that the grounds are sufficient and reasonable; Otherwise, the hearing will be held as originally planned.
PART.3
Precautions
(1) Provide sufficient reasons and evidence: When applying for an extension of hearing, sufficient reasons and evidence should be provided to increase the likelihood of success of the application;
(2) Comply with relevant laws, regulations and procedural requirements: The entire application process needs to comply with relevant laws, regulations and procedural requirements, otherwise the application may be invalid;
(3) Consideration of the time for review by the arbitral tribunal: An application for an adjournment of the hearing shall be submitted as soon as possible so that the arbitral tribunal has sufficient time to conduct the review and make a decision.
In summary, the adjournment of the arbitration hearing is the act of postponing the arbitration hearing to another date under certain circumstances, at the request of the parties and the decision of the arbitral tribunal. When applying for an adjournment of hearing, sufficient reasons and evidence should be provided, and relevant laws, regulations and procedural requirements should be followed.
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