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Through the content of the short message, Dalin opened an e-mail sent by online arbitration. Let's find out first, what is the real form of online arbitration notice? I found it on the official website of Guangzhou Arbitration, and it will be delivered to the parties by email or SMS.
So is the mail that Dalin received true or false?
I suggest that Dalin call the Guangzhou Arbitration Commission directly to confirm the authenticity. The result is: By confirming the case number of online arbitration, it is certain that Dalin has received the real notice of online arbitration!
In the e-mail of online arbitration received by Dalin, the contents of online arbitration are clear at a glance: arbitration notice, arbitration application form, creditor's rights transfer confirmation form, etc.
In Dalin's e-mail, we can clearly see the content about the transfer of creditor's rights, which shows that although the small loan platform that we applied for before closed down, the debt still exists through the transfer of creditor's rights, and Dalin still has to fulfill the repayment obligation.
In addition, some netizens can't figure out that online arbitration will have arbitration fees and legal fees, and the fees are very high. Is the loan platform willing to do this?
I went to check, and the cost of online arbitration is not too high, which is much lower than the cost of cooperating with a third-party collection company (some collection companies say that the collection company can get 20%-30% of the dunning amount). Therefore, it is normal for the loan platform to choose the means of online arbitration.
Even if you get the real notice of online arbitration, some netizens still say that arbitration is not a court decision and has no legal binding force.
1, this netizen's understanding is wrong. The arbitral award is final and binding on both parties. If one party fails to perform the award, the other party may apply to the people's court for enforcement in accordance with the relevant provisions of the Arbitration Law and the Civil Procedure Law, and the people's court that has applied for enforcement shall enforce it.
2. Online arbitration is recognized by law: Article 16 of the Arbitration Law stipulates that arbitration agreements include arbitration clauses in contracts and arbitration agreements reached in other written forms before or after disputes occur. Article 1 of the Judicial Interpretation of People's Republic of China (PRC) Arbitration Law stipulates that the "other written forms" of arbitration agreement stipulated in Article 16 of the Arbitration Law include arbitration agreements in the form of contracts, letters and data messages (including telegrams, telex, faxes, electronic data exchange and emails).
It can be seen that online arbitration is legally recognized and binding.
What should I do after receiving online arbitration like Dalin?
1, according to the arbitration process, there is a mediation process before the award, and you can apply for mediation.
If you don't know how to handle it, you can call Guangzhou Arbitration Commission directly for consultation.
In the online arbitration application received by Dalin, the principal and interest of the loan and the amount of default are clearly stipulated, and the loan platform does not charge other fees, which is reasonable. I suggest that he reach a settlement with the loan platform and pay off the arrears as soon as possible, so that the loan platform will also withdraw the arbitration application.
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