Our Mongolian lawyers frequently assist clients engaged in a range of international business. One of the questions asked by our clients is about domestic arbitration proceeding in Mongolia.
Domestic arbitration in Mongolia is arbitration proceedings other than international arbitration proceeding. If parties have agreed to solve their dispute by domestic arbitration or such agreement is provided in the contract, any disputes related to the contract will be settled by the Mongolian International Arbitration Centre in Mongolia.
The claimant shall submit a written claim which should state the facts supporting the point at issue and the relief or remedy sought and the respondent is required to state his/her defense in respect of these particulars within the period of time agreed by parties or determined by the arbitration tribunal, unless the parties have otherwise agreed. Within 30 days of receiving a notice of arbitration initiation notice, the parties are entitled to appoint an arbitrator from the list of international arbitrators in Mongolia. If the parties did not appoint within a specified time frame, the presiding arbitrator of the tribunal appoints an arbitrator. Following this, a preliminary hearing will be held to establish procedures for resolving arbitration cases, and the following issues will be discussed in the hearing. Among them:
- Whether an arbitration proceeding has been negotiated between the parties,
- Whether the dispute subjects to jurisdiction of an arbitration,
- Place of arbitration proceedings and hearings,
- Judicial norms for dispute resolution and proceedings,
- Arbitration language,
- Basic and additional costs of arbitration,
- Resolving requests such as summoning a witness, appointing an expert, including an interpreter, a translator, and providing evidence;
- Whether the arbitration proceedings will be open or closed,
- The date of the arbitration hearing.
Arbitration will be conducted in accordance with the agreed procedures of the parties, the Arbitration Act, and the rules of arbitration proceeding.