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Good House reminds consumers to forget arbitration clause when signing renovation contract
There is a dispute in the renovation of the house, and the decoration company can not reach mediation, but also do not want to pass the lawsuit is time-consuming and laborious, there are other methods? Have. With immediate effect, the Xi'an Arbitration Commission established the Shaanxi Provincial Decoration and Decoration Industry Arbitration Center. If any dispute arises regarding the use of home furnishings, it is necessary to find an arbitration center. It should be reminded that you should not forget the arbitration clause when signing a decoration contract. Arbitration is more suitable for the general public According to the relevant person in charge of the Decoration and Decoration Industry Association of Shaanxi Province, the home improvement is in dispute. The two parties generally negotiate and resolve the matter. Once the negotiation fails, they will file a lawsuit in court, which is time-consuming and laborious. In order to ease people's burden caused by disputes over home furnishings, the Xi'an Arbitration Commission and the Shaanxi Decoration and Decoration Industry Association jointly established the Decoration and Decoration Industry Arbitration Center. It is understood that arbitration is more suitable for ordinary citizens and companies that do not want to go to court to get lawsuits. Because of the short period of arbitration compared with court proceedings. If the disputed amount is less than 100,000 yuan, the ruling must be completed within 3 months. The ruling period of 100,000 yuan or more cannot exceed 6 months, and it is generally not conducted in public, which is conducive to the preservation of commercial secrets and the privacy of the parties unless they are There is a demand for disclosure. At the same time, the cost of arbitration is also relatively low. If the disputed amount is less than 1,000 yuan, the arbitration fee is 40 to 100 yuan, 1001 to 50,000 yuan will be charged at 4% to 5%, 50001 to 100,000 yuan will be charged at 3% to 4%, and so on. More importantly, the arbitration case is finalized and the ruling has legal effect. If one party fails to fulfill its obligations, the other party may directly file an action in the intermediate people's court where the arbitration institution is located and enforce it. Arbitral awards have enforcement effect in Hong Kong, Macao and abroad. Arbitration should be submitted to apply for a variety of materials Once a dispute arises, the parties can bring an arbitration agreement or a contract; an arbitration application and a deputy; the relevant proof of the subject’s qualifications (business license and identity certificate, resident identity card); and Documents related to the case, such as contracts, agreements, receipts and payments, receipt vouchers, etc., relevant evidence materials, and the source of the evidence, the name and address of the witnesses, and the object of certification; if the parties entrust the agent, they should submit a power of attorney. Specify the entrustment and authority; other materials requested by the Arbitration Commission. The two parties may choose to conduct the arbitrator's arbitration in a manner freely selected by the parties, and they may independently choose the arbitration institution, arbitration procedures, arbitration matters, and arbitrators. Arbitral institutions are conducted independently according to law and are not subject to interference by administrative agencies, social organizations and individuals. Therefore, there is also no hierarchy or territorial jurisdiction. On the basis of ensuring the fair and reasonable settlement of disputes, applicants can choose an arbitration institution that they can trust. The precondition for applying for arbitration when signing an arbitration contract in home improvement is that the two parties to the arbitration must have previously signed an arbitration contract, or there is an arbitration clause in the signed contract, and there are specific arbitration requests and the basis for the arbitration. The facts must be in accordance with the scope of the arbitration law (contract disputes or other property rights disputes). Therefore, the relevant person in charge of the Xi'an Arbitration Commission reminds citizens who are prepared to carry out home improvement and who may be decorated in the future. They must sign an arbitration clause or arbitration contract with the decoration company before the renovation. The two parties can negotiate when signing the contract, and the mediation methods and institutions that should be adopted in the event of a dispute. After a dispute occurs, if mediation fails, the arbitral institution will issue an award and supervise the progress of the case until the case is completed.