Legal Opportunities to Defer an Arbitration Hearing

As provided in the Procedure for Arbitration proceeding of the Mongolian Chamber of Commerce and Industry, the Parties are entitled to submit the request on the deferral of the hearing only on the grounds stated in law or justified reasons.

The Law on Arbitration does not provide an interpretation on what occasions shall be deemed as the justified reasons. However it may include the instances such as being sick, getting a medical treatment, taking care of a sick person, having a business travel inland or abroad, taking part in the training, joining the public mobilization, to be imprisoned in zone of public quarantine due to serious contagious disease, sudden fire and natural dangers or force majeure events (flood, drought, zud, dangerous snow and dust storms, earthquake, etc.).

Moreover, pursuant to the Procedure for Arbitration proceeding stipulated, if the Arbitration composition may defer the arbitration hearing if they deem that new evidences are required. On the other side, the Parties may also file the request to the appoint an expert for the case, and in such case the arbitration composition may assign an expert if they deem it is inevitable for the accurate detection of the arbitration case.

Finally, one shall also note that it is almost impossible to defer the hearing by means of challenging the arbitrator once the hearing has already taken place. This right to challenge is granted to the Parties only for 7 days after the receipt of the statement on the neutrality of the arbitrator and this way you can defer the hearing.

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