1. about arbitrating mix during effectiveness for a given period of time the computation during litigant effectiveness for a given period of time:
(1) recover cost of project money, reconnaissance, design cost, arbitrate and 2 years all are during litigant effectiveness for a given period of time, from the project the sun of complete rises consideration, both sides copes with money time to have an agreement, from conventional payment the sun of deadline at the expiration of one's term of office rises consideration.
(2) because the project sends those who include reason midway stop work of the person, the sun from engineering stop work rises consideration during the arbitration and litigant effectiveness for a given period of time.
(3) project complete or project midway shutdown, the contractor ought to hold the right actively. In practice, the contractor puts forward project complete to settle accounts reports or put forward settle accounts of complete of the project intermediate to report to shutdown project, department contractor maintains the fundamental pattern of the right, can cause those who tell effectiveness for a given period of time of bring a case to court to interrupt.
(4) recover material money, service money, arbitrate and 2 years also are during litigant effectiveness for a given period of time, from the payment of bilateral agreement the sun of deadline at the expiration of one's term of office rises consideration; Do not have conventional deadline, from buy the computation since the day that just checks and accept, or the computation since the day that finishs from service work.
(5) sell the commodity of off quality did not state, arbitrate and 1 year all is during litigant effectiveness for a given period of time, from commodity the sun of work off rises consideration.
Controversy happens because of defaulting work reward during working relationship puts add, laborer applies for the arbitration not to accept the restriction during arbitral effectiveness for a given period of time of the regulation; But, working relationship stops, since the day that ought to end from working relationship put forward inside a year.
Our country " labor law " judicatory explanation also stipulated party refuses to obey, sue to people court lawfully, people court ought to be accepted; File time to already exceeding the arbitration truly, do not have force majeure again of other perhaps warrant, reject its lawsuit request lawfully. This regulation shows in civil code of go-between of labor dispute lawsuit the courtyard can examine arbitral effectiveness for a given period of time actively. " labor dispute mediates arbitral law " the 27th regulation: "During controversy files arbitral effectiveness for a given period of time, labor is a year. Know from party during arbitral effectiveness for a given period of time or ought to know its right by enroach on the computation since day. The arbitral effectiveness for a given period of time that the paragraph provides before, because party one party holds the right to the the opposing party, perhaps request the right to relieve to concerned branch, the the opposing party agrees to fulfil obligation and perhaps interrupt. Rise from interrupt, during arbitral effectiveness for a given period of time recount. Because force majeure perhaps has other warrant, party cannot be in an arbitration of a the first section provision the arbitration applies for during effectiveness for a given period of time, break down of arbitral effectiveness for a given period of time. The day that eliminates from the reason of break down effectiveness for a given period of time rises, the arbitration continues to calculate during effectiveness for a given period of time. Controversy happens because of defaulting work reward during working relationship puts add, laborer applies for the arbitration not to accept a restriction during the arbitral effectiveness for a given period of time of a the first section provision; But, working relationship stops, since the day that ought to end from working relationship put forward inside a year. Since the day that ought to end from working relationship put forward inside a year..
Of contentious case of 2. labor dispute mention ought to accord with following condition (be short of one cannot) :
One, in " labor law of People's Republic of China " inside 60 days of the regulation (do not contain force majeure and interrupt during) to labor dispute arbitral committee mentions labor is arbitral;
2, refuse to obey or refuse to obey partly labor is arbitral adjudication;
3, since the day that gets arbitral adjudication oneself inside 15 days (arbitrate namely before day of adjudication become effective) .
From this, labor dispute contentious case, need classics labor dispute arbitrates, otherwise, people court does not grant to accept.
" labor law of People's Republic of China " regulation: "Labor dispute party cuts what take anything but into parts to the arbitration, can remove to lodge a complaint of indrawn people court 15 days from the day that gets arbitral adjudication. One party party is not sued inside legal time limit nonperformance arbitration adjudicates on, party of other one party can apply for people court to be carried out compulsively. Party of other one party can apply for people court to be carried out compulsively..
