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Chapter I General Provisions
Section 1 Jurisdiction
Article 1 These Rules are formulated in accordance with
the Arbitration Law of the People's Republic of China and
the provisions of other relevant laws, as well as the "Decision"of
the former Administration Council of the Central People's
Government and the "Notice" and the "Official
Reply" of the State Council.
Article 2 China International Economic and Trade Arbitration
Commission (originally named the Foreign Trade Arbitration
Commission of the China Council for the Promotion of International
Trade, later renamed the Foreign Economic and Trade Arbitration
Commission of the China Council for the Promotion of International
Trade, and currently called the China International Economic
and Trade Arbitration Commission, hereinafter referred to
as the "Arbitration Commission") independently and
impartially resolves, by means of arbitration, disputes arising
from economic and trade transactions of a contractual or non-contractual
nature.
The disputes stated in the preceding paragraph include:
(1) international or foreign-related disputes;
(2) disputes related to the Hong Kong SAR or the Macao SAR
or the Taiwan region;
(3) disputes between foreign investment enterprises or between
a foreign investment enterprise and a Chinese legal person,
physical person and /or economic organization;
(4) disputes arising from project financing, invitations
to tender and bidding submissions, project construction or
other activities conducted by a Chinese legal person, physical
person and /or other economic organization which utilize capital,
technology or services from foreign countries, international
organizations or from the Hong Kong SAR, the Macao SAR and
the Taiwan region;
(5) disputes that may be taken cognizance of by the Arbitration
Commission in accordance with special provisions of, or upon
special authorization from, the laws or administrative regulations
of the People's Republic of China.; and
(6) any other domestic disputes that the parties have agreed
to arbitrate by the Arbitration Commission.
The Arbitration Commission does not accept the cases over
the following disputes:
(1) marital, adoption, guardianship, support and succession
disputes;
(2) administrative disputes that laws require to be handled
by administrative authorities;
(3) labor disputes and disputes within the agricultural
collective economic organizations over contracted management
in agriculture.
Article 3 The Arbitration Commission will, upon the written
application by one of the parties, accept a case in accordance
with the arbitration agreement concluded between the parties,
either before or after the occurrence of the dispute, in which
it is provided that disputes are to be submitted to the Arbitration
Commission for arbitration.
An arbitration agreement means an arbitration clause in
a contract concluded between the parties or any other form
of written agreement providing for settlement of dispute by
arbitration.
Article 4 The Arbitration Commission has the power to decide
on the existence and validity of an arbitration agreement
and on jurisdiction over an arbitration case. If the parties
concerned dispute the validity of an arbitration agreement,
with one party requesting the Arbitration Commission to make
a decision and the other party requesting the people's court
to make a ruling, the people's court will make such a ruling.
Article 5 An arbitration clause contained in a contract
shall be regarded as existing independently and separately
from the other clauses of the contract, and an arbitration
agreement attached to a contract shall be treated as a part
of the contract existing independently and separately from
the other parts of the contract. The validity of an arbitration
clause or an arbitration agreement shall not be affected by
any modification, rescission, termination, expiry, invalidity,
or non-existence of the contract.
Article 6 Any objection to an arbitration agreement and/or
the jurisdiction over an arbitration case shall be raised
before the first hearing conducted by the arbitration tribunal.
Where a case is examined on the basis of documents only, an
objection to jurisdiction should be raised before submission
of the first substantive defense.
Any objection to an arbitration agreement and/or the jurisdiction
over an arbitration case shall not affect the hearing of the
case according to the arbitration procedures.
Article 7 If the parties agree to submit their dispute to
the Arbitration Commission for arbitration, it will be taken
that they have agreed to the case being arbitrated under these
Rules. However, if the parties have agreed otherwise, and
subject to consent by the Arbitration Commission, the parties'
agreement will prevail.
Section 2 Organization
Article 8 The Arbitration Commission has one honorary Chairman
and several advisers.
Article 9 The Arbitration Commission consists of one Chairman,
several Vice-Chairmen and a number of Commission members.
The Chairman performs the functions and duties vested in him
by these Rules and the Vice-Chairmen may also perform the
Chairman' functions and duties with the Chairman's authorization.
The Arbitration Commission has a secretariat to handle its
day-to-day work under the leadership of the Secretary-General
of the Arbitration Commission.
Article 10 The Arbitration Commission establishes a Panel
of Arbitrators. The arbitrators are selected and appointed
by the Arbitration Commission from among Chinese and foreign
persons with professional knowledge and practical experience
in the fields of law, economics and trade, science and technology,
etc.
Article 11 The Arbitration Commission is based in Beijing.
The Arbitration Commission has a Shenzhen Sub-Commission in
Shenzhen Special Economic Zone and a Shanghai Sub-Commission
in Shanghai. These Sub-Commissions are an integral part of
the Arbitration Commission.
The Sub-Commissions have their respective secretariats to
handle their day-to-day work under the leadership of the Secretaries-General
of the respective Sub-Commissions.
These Rules uniformly apply to the Arbitration Commission
and its Sub-Commissions. When arbitration proceedings are
conducted in the Sub-Commissions, the functions and duties
under these Rules to be carried out by the Chairman, the secretariat
and the Secretary-General of the Arbitration Commission shall
be performed by the Vice-Chairmen as authorized by the Chairman,
the secretariats and the Secretaries-General of the Sub-Commissions
respectively, except for the circumstances provided for in
Article 30 of these Rules.
Article 12 The parties may agree to have their dispute arbitrated
by the Arbitration Commission in Beijing or by the Shenzhen
Sub-Commission in Shenzhen or by the Shanghai Sub-Commission
in Shanghai.
In the absence of such an agreement, the Claimant will have
option to submit the case to be arbitrated by the Arbitration
Commission in Beijing or by the Shenzhen Sub-commission in
Shenzhen or by the Shanghai Sub-Commission in Shanghai.
When deciding on where the case should be arbitrated, the
first choice should be final. In case of any dispute, the
Arbitration Commission will make a decision accordingly.
Chapter II Arbitration Proceedings
Section 1 Application for Arbitration,
Defense and Counter-claim
Article 13 The arbitration proceedings will commence from
the date on which the Notice of Arbitration is issued by the
Arbitration Commission or its Sub-Commissions.
Article 14 A Claimant submitting an Application for Arbitration
must:
(1) Submit an Application for Arbitration in writing, which
shall, inter alia, contain:
(a) the names and addresses of the Claimant and the Respondent,
including the zip code, telephone, telex, fax, and cable numbers
or any other means of electronic telecommunications, if any;
(b) the arbitration agreement relied upon by the Claimant;
(c) the facts of the case and the main points of dispute;
and
(d) the Claimant's claim and the facts and reasons on which
his claim is based.
The Application for Arbitration shall be signed by, and/or
affixed with the seal of, the Claimant and/or the authorized
agent of the Claimant.
(2) Attach to the Application for Arbitration the relevant
documentary evidence which supports the facts on which the
Claimant's claim is based.
(3) Pay an arbitration fee in advance to the Arbitration
Commission according to the Arbitration Fee Schedule of the
Arbitration Commission.
Article 15 Upon receipt of the Application for Arbitration
and its attachments, if the secretariat of the Arbitration
Commission, after examination, finds that the Claimant has
not yet completed the formalities required for arbitration,
it will request the Claimant to complete them. If it finds
that the Claimant has completed such formalities, the secretariat
should promptly send to the Respondent a Notice of Arbitration,
together with one copy each of the Claimant's Application
for Arbitration and its attachments as well as the Arbitration
Rules, the Panel of Arbitrators and the Arbitration Fee Schedule
of the Arbitration Commission. At the same time, the Notice
of Arbitration, the Arbitration Rules, the Panel of Arbitrators
and Arbitration Fee Schedule should be sent to the Claimant
as well.
The secretariat of the Arbitration Commission, after sending
the Notice of Arbitration to the Claimant and Respondent,
shall appoint one of its staff-members to take charge of procedural
administration of the case.
Article 16 The Claimant and the Respondent shall, within
20 days as from the date of receipt of the Notice of Arbitration,
each appoint an arbitrator from among the Panel of Arbitrators
of the Arbitration Commission or authorize the Chairman of
the Arbitration Commission to make such appointment.
Article 17 The Respondent shall, within 45 days from the
date of receipt of the Notice of Arbitration, submit his written
defense and relevant documentary evidence to the secretariat
of the Arbitration Commission.
Article 18 The Respondent shall, at the latest within 60
days from the date of receipt of the Notice of Arbitration,
file with the secretariat of the Arbitration Commission his
counterclaim in writing, if any. The arbitration tribunal
may extend that time limit if it deems that there are justified
reasons.
When filing a counterclaim, the Respondent must state in
his written statement of counterclaim his specific claim and
facts and reasons upon which his claim is based, and attach
to his written statement of counterclaim any relevant documentary
evidence.
When filing a counterclaim, the Respondent must pay an arbitration
fee in advance according to the Arbitration Fee Schedule of
the Arbitration Commission.
Article 19 The Claimant may request to amend his claim and
the Respondent may request to amend his counterclaim. However,
the arbitration tribunal may refuse such an amendment if it
considers that the request has been raised too late and may
affect the progress of the arbitration proceedings.
Article 20 When submitting application for arbitration,
written defense, statement of counterclaim, documentary evidence
and other documents, the parties shall submit them in quintuplicate.
If the number of the parties is more than two, additional
copies shall be provided accordingly. If the arbitration tribunal
is composed of only one arbitrator, the number of copies submitted
may be reduced by two.
Article 21 The progress of arbitration proceedings shall
not be affected notwithstanding the failure of the Respondent
to file his defense in writing or the failure of the Claimant
to submit his written defense against the Respondent's counterclaim.
Article 22 The parties may authorize arbitration agents
to deal with the matters relating to arbitration; the authorized
arbitration agent must produce a Power of Attorney to the
Arbitration Commission.
Both Chinese and foreign citizens can be authorized to act
as arbitration agents.
Article 23 When a party applies for property preservative
measures, the Arbitration Commission shall submit the party's
application to the people's court for a ruling in the place
where the domicile of the party against whom the property
preservative measures are sought is located or in the place
where the property of the said party is located.
When a party applies for taking interim measures of protection
of evidence, the Arbitration Commission shall submit the party's
application to the people's court in the place where the evidence
is located for a ruling.
Section 2 Formation of Arbitration Tribunal
Article 24 Each of the parties shall appoint one arbitrator
from among the Panel of Arbitrators of the Arbitration Commission
or entrust the Chairman of the Arbitration Commission to make
such appointment. A third arbitrator shall be jointly appointed
by the parties or appointed by the Chairman of the Arbitration
Commission upon the parties' joint authorization.
In case the two parties fail to jointly appoint a third
arbitrator or fail to jointly entrust the Chairman of the
Arbitration Commission to appoint a third arbitrator within
20 days from the date on which the Respondent receives the
Notice of Arbitration, the third arbitrator will be appointed
by the Chairman of the Arbitration Commission. The third arbitrator
will act as the presiding arbitrator.
The presiding arbitrator and the two appointed arbitrators
will jointly form an arbitration tribunal to jointly hear
the case.
Article 25 The Claimant and the Respondent may jointly appoint
or jointly authorize the Chairman of the Arbitration Commission
to appoint a sole arbitrator to form an arbitration tribunal
to hear the case alone.
If both parties agree to having a sole arbitrator to hear
their case but are unable to agree on the choice of such a
sole arbitrator within 20 days from the date on which the
Respondent receives the Notice of Arbitration, the Chairman
of the Arbitration Commission will make the appointment.
Article 26 If the Claimant or the Respondent fails to appoint
or authorize the Chairman of the Arbitration Commission to
appoint an arbitrator according to Article 16 of these Rules,
the Chairman of the Arbitration Commission will appoint an
arbitrator for the Claimant or the Respondent.
Article 27 Where there are two or more Claimants and/or
Respondents involved in an arbitration case, the Claimants'
side and/or the Respondents'side each shall, through consultation,
appoint or entrust the Chairman of the Arbitration Commission
to appoint one arbitrator from among the Panel of Arbitrators
of the Arbitration Commission.
If the Claimants' side or the Respondents' side fails to
make such appointment or entrustment within 20 days as from
the date on which the Respondents' side receives the Notice
of Arbitration, the appointment will be made by the Chairman
of the Arbitration Commission.
Article 28 Any appointed arbitrator having a personal interest
in the case shall himself disclose such circumstances to the
Arbitration Commission and request a withdrawal from his office.
Article 29 Any party who has justified reasons to suspect
the impartiality and independence of an appointed arbitrator
may make a request in writing to the Arbitration Commission
for that arbitrator's withdrawal. In the request, the facts
and reasons on which the request is based shall be stated
with the supporting evidence provided.
A challenge against an arbitrator must be put forward in
writing no later than the first oral hearing. If the grounds
for the challenge come out or are made known after the first
oral hearing, the challenge may nevertheless be raised before
the conclusion of the last hearing.
Article 30 The Chairman of the Arbitration Commission shall
decide whether an arbitrator should be withdrawn.
Before any decision is made by the Chairman of the Arbitration
Commission, the challenged arbitrator shall continue to perform
the duties of an arbitrator.
Article 31 If an arbitrator is unable to perform the duties
owing to his/her withdrawal, demise, removal from the Panel
of Arbitrators or any other reasons, a substitute arbitrator
shall be appointed in accordance with the procedure pursuant
to which the original arbitrator was appointed.
After the appointment of the substitute arbitrator, the
arbitration tribunal has discretion to decide whether to repeat
the whole or a part of the previous procedures.
Section 3 Hearing
Article 32 The arbitration tribunal will hold oral hearings.
At the request of the parties or with their consent, the arbitration
tribunal may, if it also considers oral hearings unnecessary,
hear and decide a case on the basis of documents only.
Article 33 The date of the first oral hearing shall be decided
by the arbitration tribunal in consultation with the secretariat
of the Arbitration Commission. The secretariat shall notify
the two parties of the decision 30 days before the date of
the hearing. Any party having justified reasons may request
a postponement of the hearing, but a written request must
be submitted to the secretariat of the Arbitration Commission
12 days before the date of the hearing. The arbitration tribunal
will then decide whether to postpone the hearing or not.
Article 34 The notice of the date of hearing subsequent
to the first hearing is not subject to the 30-day time limit.
Article 35 Where the parties have agreed on the place of
arbitration, the case shall be arbitrated in that place. Unless
the parties agree otherwise, the cases accepted by the Arbitration
Commission shall be heard in Beijing, or in other places with
the approval of the Secretary-General of the Arbitration Commission.
The cases accepted by a Sub-Commission of the Arbitration
Commission shall be heard in the place where the Sub-Commission
is located, or in other places with the approval of the Secretary-General
of that Sub-Commission.
Article 36 The arbitration tribunal shall not hear cases
in open session. However, if both parties request that an
open session hearing be held, the arbitration tribunal shall
decide whether to do so or not.
Article 37 For cases heard in closed session, the parties,
their arbitration agents, witnesses, arbitrators, experts
consulted by the arbitration tribunal and appraisers appointed
by the arbitration tribunal and the relevant staff-members
of the secretariat of the Arbitration Commission shall not
disclose to outsiders the substantive or procedural matters
of the case.
Article 38 The parties shall produce evidence in support
of the facts on which their claim, defense or counterclaim
is based. The arbitration tribunal may, on its own initiative,
undertake investigations and collect evidence as it considers
necessary.
When investigating and collecting evidence by itself, the
arbitration tribunal shall promptly inform the parties to
be present if it considers necessary. Should one party or
both parties fail to appear, the investigation and collection
of evidence shall not be affected.
Article 39 The arbitration tribunal may consult an expert
or appoint an appraiser for clarification of the specific
issues relating to a case. Such an expert or appraiser may
be either a Chinese or foreign organization or citizen.
The arbitration tribunal has the power to order the parties
to submit or produce to the expert or appraiser any relevant
materials, documents, or properties and goods for check-up,
inspection and/or appraisal, and the parties are so obliged
as well.
Article 40 The expert's report and the appraiser's report
shall be copied to the parties so that the parties may have
the opportunity to give their opinions thereon. At the request
of any party to the case and with the approval of the arbitration
tribunal, the expert and appraiser may be present at the hearing,
and, if considered necessary and appropriate by the arbitration
tribunal, be required to give explanations of their reports.
Article 41 The evidence submitted by the parties will be
examined and evaluated by the arbitration tribunal. The arbitration
tribunal shall decide whether to adopt the expert's report
and the appraiser's report.
Article 42 Should one of the parties fail to appear at the
hearing, the arbitration tribunal may proceed with the hearing
and make an award by default.
Article 43 During the hearing, the arbitration tribunal
may make a record in writing and/or by tape-recording. The
arbitration tribunal may, when it considers necessary, make
a minute stating the main points of the hearing and ask the
parties and/or their arbitration agents, witnesses and/or
other persons involved to sign and/or affix their seal to
it.
The record in writing or by tape-recording is only available
for use and reference by the arbitration tribunal.
Article 44 If the parties reach an amicable settlement agreement
by themselves, they may either request the arbitration tribunal
to conclude the case by making an award in accordance with
the contents of their amicable settlement agreement, or request
a dismissal of the case.
The Secretary-General of the Arbitration Commission shall
decide on the dismissal of an arbitration case if the decision
on dismissal is made before the formation of the arbitration
tribunal, and the arbitration tribunal shall decide thereon
if the decision on dismissal is made after the formation of
the arbitration tribunal.
If the party or the parties refer the dismissed case again
to the Arbitration Commission for arbitration, the Chairman
of the Arbitration Commission shall decide whether to accept
the reference or not.
If the parties reach a settlement agreement by themselves
through conciliation without involvement of the Arbitration
Commission, any of them may, based on an arbitration agreement
concluded between them providing for arbitration by the Arbitration
Commission and their settlement agreement, request the Arbitration
Commission to appoint a sole arbitrator to render an arbitration
award in accordance with the contents of the settlement agreement.
Article 45 If both parties have a desire for conciliation
or one party so desires and the other party agrees to it when
consulted by the arbitration tribunal, the arbitration tribunal
may conciliate the case under its cognizance in the process
of arbitration.
Article 46 The arbitration tribunal may conciliate cases
in the manner it considers appropriate.
Article 47 The arbitration tribunal shall terminate conciliation
and continue the arbitration proceedings when one of the parties
requests a termination of conciliation or when the arbitration
tribunal believes that further efforts to conciliate will
be futile.
Article 48 If the parties have reached an amicable settlement
outside the arbitration tribunal in the course of conciliation
conducted by the arbitration tribunal, such settlement shall
be taken as one which has been reached through the arbitration
tribunal's conciliation.
Article 49 The parties shall sign a settlement agreement
in writing when an amicable settlement is reached through
conciliation conducted by the arbitration tribunal, and the
arbitration tribunal will close the case by making an arbitration
award in accordance with the contents of the settlement agreement
unless otherwise agreed by the parties.
Article 50 Should conciliation fail, any statement, opinion,
view or proposal which has been made, raised, put forward,
acknowledged, accepted or rejected by either party or by the
arbitration tribunal in the process of conciliation shall
not be invoked as grounds for any claim, defense and/or counterclaim
in the subsequent arbitration proceedings, judicial proceedings
or any other proceedings.
Article 51 The party who knows or should have known that
any provision or requirement of these Rules has not been complied
with and yet proceeds with the arbitration proceedings without
explicitly raising in writing his objection to non-compliance
in a timely manner shall be taken to have waived his right
to object.
Section 4 Award
Article 52 The arbitration tribunal shall render an arbitral
award within 9 months as from the date on which the arbitration
tribunal is formed. The Secretary-General of the Arbitration
Commission may extend this time limit at the request of the
arbitration tribunal if the Secretary-General of the Arbitration
Commission considers that it is really necessary and the reasons
for extension are truly justified.
Article 53 The arbitration tribunal shall independently
and impartially make its arbitral award on the basis of the
facts, in accordance with the law and the terms of the contracts,
with reference to international practices and in compliance
with the principle of fairness and reasonableness.
Article 54 Where a case is heard by an arbitration tribunal
composed of three arbitrators, the arbitral award shall be
decided by the majority of the arbitrators and the minority
opinion may be recorded and placed on file.
When the arbitration tribunal cannot attain a majority opinion,
the arbitral award shall be decided in accordance with the
presiding arbitrator's opinion.
Article 55 The arbitration tribunal shall state in the arbitral
award the claims, the facts of the dispute, the reasons on
which the arbitral award is based, the result of the arbitral
award, the allocation of the arbitration costs, the date on
which and the place at which the arbitral award is made. The
facts of the dispute and the reasons on which the arbitral
award is based may not be stated in the arbitral award if
the parties have agreed not to state them in the arbitral
award, or the arbitral award is made in accordance with the
contents of the settlement agreement reached between the parties.
Article 56 Unless the arbitral award is made in accordance
with the opinion of the presiding arbitrator or the sole arbitrator,
the arbitral award shall be signed by a majority of arbitrators.
An arbitrator who has a dissenting opinion may sign or not
sign his name on the arbitral award.
The arbitrators shall submit the draft arbitral award to
the Arbitration Commission before signing the award. The Arbitration
Commission may remind the arbitrator of any issue related
to the form of the arbitral award on condition that the arbitrator's
independence of decision is not affected.
The Arbitration Commission's stamp shall be affixed to the
arbitral award.
The date on which the arbitral award is made is the date
on which the arbitral award comes into legal effect.
Article 57 An interlocutory award or partial award may be
made on any issue of the case at any time in the course of
arbitration before the final award is made if considered necessary
by the arbitration tribunal, or if the parties make such a
proposal and it is agreed to by the arbitration tribunal.
Either party's failure to perform the interlocutory award
will not affect the continuation of the arbitration proceedings,
nor will it prevent the arbitration tribunal from making a
final award.
Article 58 The arbitration tribunal has the power to determine
in the arbitral award the arbitration fee and other expenses
to be paid by the parties to the Arbitration Commission.
Article 59 The arbitration tribunal has the power to decide
in the arbitral award that the losing party shall pay the
winning party as compensation a proportion of the expenses
reasonably incurred by the winning party in dealing with the
case. The amount of such compensation shall not in any case
exceed 10% of the total amount awarded to the winning party.
Article 60 The arbitral award is final and binding upon
both disputing parties. Neither party may bring a suit before
a law court or make a request to any other organization for
revising the arbitral award.
Article 61 Either party may request in writing that a correction
be made to any writing, typing, calculating errors or any
errors of a similar nature contained in the arbitral award
within 30 days from the date of receipt of the arbitral award;
if there is really an error in the arbitral award, the arbitration
tribunal shall make a correction in writing within 30 days
form the date of receipt of the written request for correction.
The arbitration tribunal may likewise correct any errors in
writing on its own initiative within 30 days from the date
on which the arbitral award is issued. The correction in writing
forms a part of the arbitral award.
Article 62 If anything claimed or counterclaimed is found
to have been omitted in the arbitral award, either of the
parties may make a request in writing to the arbitration tribunal
for an additional award within 30 days from the date on which
the arbitral award is received. If there is really something
omitted, the arbitration tribunal shall make an additional
award within 30 days from the date of receipt of the written
request. The arbitration tribunal may likewise make an additional
award on its own initiative within 30 days from the date on
which the arbitral award is issued. The additional award forms
a part of the arbitral award previously issued.
Article 63 The parties must automatically execute the arbitral
award within the time limit specified in the arbitral award.
If no time limit is specified in the arbitral award, the parties
shall carry out the arbitral award immediately.
In case one party fails to execute the arbitral award, the
other party may apply to the Chinese court for enforcement
of the arbitral award pursuant to Chinese law or apply to
the competent foreign court for enforcement of the arbitral
award according to the 1958 Convention on Recognition and
Enforcement of Foreign Arbitral Awards or other international
treaties that China has concluded or acceded to.
Chapter III Summary Procedure
Article 64 Unless otherwise agreed by the parties, this
Summary Procedure shall apply to any case in dispute where
the amount of the claim totals not more than RMB 500, 000
yuan, and to any case in dispute where the amount of the claim
totals more than RMB 500, 000 yuan provided that one party
applies for arbitration under this Summary Procedure and the
other party agrees in writing.
Article 65 When an application for arbitration is submitted
to the Arbitration Commission, the secretariat of the Arbitration
Commission shall, if such application is examined and found
to be acceptable and qualified for application of the Summary
Procedure, send a Notice of Arbitration immediately to the
parties.
Unless both parties have jointly appointed one sole arbitrator
from among the Panel of Arbitrators of the Arbitration Commission,
they shall jointly appoint or jointly entrust the Chairman
of the Arbitration Commission to appoint one sole arbitrator
within 15 days from the date on which the Notice of Arbitration
is received by the Respondent. Should the parties fail to
make such appointment or entrustment, the Chairman of the
Arbitration Commission shall immediately appoint one sole
arbitrator to form an arbitration tribunal to hear the case.
Article 66 The Respondent shall, within 30 days from the
date of receipt of the Notice of Arbitration, submit his defense
and relevant documentary evidence to the secretariat of the
Arbitration Commission; a counterclaim, if any, shall be filed
with documentary evidence within the said time limit.
Article 67 The arbitration tribunal may hear the case in
the way it considers appropriate. The arbitration tribunal
may in its full discretion decide to hear the case only on
the basis of the written materials and evidence submitted
by the parties or to hold an oral hearing as well.
Article 68 The parties must hand in written materials and
evidence required for arbitration in compliance with the requirements
of the arbitration tribunal within the time limit given by
the arbitration tribunal.
Article 69 For a case which needs an oral hearing, the secretariat
of the Arbitration Commission shall, after the arbitration
tribunal has fixed a date for hearing, inform the parties
of the date of the hearing 15 days before the date of the
hearing.
Article 70 If the arbitration tribunal decides to hear the
case orally, only one oral hearing shall be held. However,
the arbitration tribunal may hold two oral hearings if really
necessary.
Article 71 Should one of the parties fail to act in compliance
with this Summary Procedure during summary proceedings, such
failure shall not affect the arbitration tribunal's conduct
of the proceedings and the arbitration tribunal's power to
render an arbitral award.
Article 72 The conduct of the summary proceedings shall
not be affected by any amendment of the claim or by the filing
of a counterclaim, except that the disputed amount of the
revised arbitration claim or counterclaim is in conflict with
the provision of Article 64.
Article 73 Where a case is heard orally, the arbitration
tribunal shall make an arbitral award within 30 days from
the date of the oral hearing if one hearing is to be held,
or from the date of the second oral hearing if two oral hearings
are to be held. Where a case is examined on the basis of documents
only, the arbitration tribunal shall render an arbitral award
within 90 days from the date on which the arbitration tribunal
is formed. The Secretary-General of the Arbitration Commission
may extend the said time limit if such extension is necessary
and justified.
Article 74 For matters not covered in this Chapter, the
relevant provisions in the other Chapters of these Rules shall
apply.
Chapter IV Special Provisions for Domestic Arbitration
Article 75 The provisions of this Chapter apply to the domestic
arbitration cases accepted by the Arbitration Commission in
respect of the disputes listed in Item (3), (4), (5) and (6)
of paragraph 2, Article 2 of these Rules.
The provisions of Summary Procedure of Chapter III shall
apply if the domestic arbitration cases fall within the scope
of Article 64 of these Rules.
Article 76 After receipt of the Application for Arbitration,
the Arbitration Commission, if considered that the application
formalities stated in Article 14 of these Rules have been
complied with, shall initiate the arbitration proceedings
within 5 days and give notification to the parties. Or alternatively,
the Arbitration Commission will initiate the arbitration proceedings
immediately and notify the parties accordingly. If the Arbitration
Commission considers that the application formalities have
not been completed, it shall notify the applicant party in
writing of its refusal and explain the reasons thereof.
Article 77 Upon receipt of the Application for Arbitration,
if the Arbitration Commission considers that the Application
does not fulfill the requirements set out in Article 14, it
may ask the party to rectify it within a specified time limit.
If no required rectification is made within that time limit,
such Application for Arbitration will be rejected.
Article 78 When the Claimant or the Respondent is required
to appoint or authorize the Chairman of the Arbitration Commission
to appoint arbitrator(s) according to Article 16, 24, 25 and
27, the time limits provided for by each of the above-mentioned
articles shall be 15 days.
Article 79 The Respondent shall, within 30 days from the
date of receipt of the Notice of Arbitration, submit his written
defense and relevant documentary evidence to the secretariat
of the Arbitration Commission.
The Respondent shall, at the latest within 45 days from
the date of receipt of the Notice of Arbitration, file with
the Arbitration Commission his counterclaim in writing, if
any. The arbitration tribunal may extend this time limit if
it considers that there are justified reasons.
Article 80 For cases requiring oral hearing(s), the secretariat
of the Arbitration Commission shall notify the parties involved
of the hearing date at least 15 days in advance. The arbitration
tribunal may, with consent from both parties, hold the hearing
ahead of schedule. Any party may request a postponement of
the hearing if it has justified reasons, but a written request
must be submitted to the arbitration tribunal at least 7 days
before the date of the hearing. The tribunal will then decide
whether to postpone the hearing or not.
The notice of the date of hearing subsequent to the first
hearing is not subject to the 15-day time limit stipulated
by the preceding paragraph.
Article 81 If a case is heard orally, evidences shall be
presented during the hearing(s) and be submitted within the
time limit set by the arbitration tribunal.
Article 82 The arbitration tribunal shall make a record
of the hearing(s) in writing. Any party or participant in
the arbitration may apply for correction if any omission or
mistake is found in the record of his own statement. If the
arbitration tribunal refuses to correct, such an application
shall nevertheless be recorded.
The written record shall be signed or sealed by the arbitrator(s),
the person who takes the notes, the parties, and other participants
to the arbitration, if any.
Article 83 The arbitration tribunal shall render an arbitral
award within 6 months as from the date on which the arbitration
tribunal is formed. At the request of the arbitration tribunal,
the Secretary-General of the Arbitration Commission may extend
this time limit as he considers necessary and justifiable.
Article 84 For matters not covered in this Chapter, the
relevant provisions in the other Chapters of these Rules shall
apply.
Chapter V Supplementary Provisions
Article 85 The Chinese language is the official language
of the Arbitration Commission. If the parties have agreed
otherwise, their agreement shall prevail.
At the hearing, if the parties or their arbitration agents
or witnesses require language interpretation, the secretariat
of the Arbitration Commission may provide an interpreter for
them. Or the parties may bring with them their own interpreter.
The arbitration tribunal and/or the secretariat of the Arbitration
Commission may, as it considers necessary, request the parties
to hand in the corresponding translation copies in Chinese
language or other languages of the documents and evidential
materials submitted by the parties.
Article 86 All the arbitration documents, notices and materials
may be sent to the parties and/or their arbitration agents
in person, or by registered letter or express airmail, telefax,
telex, cable or by any other means considered proper by the
secretariat of the Arbitration Commission.
Article 87 Any written correspondence to the parties and/or
their arbitration agents shall be taken to have been properly
served if it is delivered to the addressee or delivered at
his place of business, habitual residence or mailing address,
or if, after reasonable inquiries, none of the aforesaid addresses
can be found, the written correspondence is sent to the addressee's
last known place of business, habitual residence or mailing
address by registered letter or by any other means which provides
a record of the attempt to deliver it.
Article 88 Apart from charging arbitration fees from the
parties according to the arbitration Fee Schedule of the Arbitration
Commission, the Arbitration Commission may collect from the
parties other extra, reasonable and actual expenses including
arbitrators' special remuneration and their travel and boarding
expenses for dealing with the case, as well as the fees and
expenses for experts, appraisers and interpreters appointed
by the arbitration tribunal, etc.
If a case is withdrawn after the parties have reached between
themselves an amicable settlement or is concluded with an
arbitral award made according to paragraph 4 of Article 44,
the Arbitration Commission may charge a certain amount of
fees from the parties in consideration of the quantity of
work and the amount of the actual expenses incurred by the
Arbitration Commission.
Article 89 Where an arbitration agreement or an arbitration
clause contained in the contract provides for arbitration
to be conducted by China International Economic and Trade
Arbitration Commission or its Sub-Commissions or by the formerly
named Foreign Trade Arbitration Commission or Foreign Economic
and Trade Arbitration Commission of the China Council for
the Promotion of International Trade, it shall be taken that
the parties have unanimously agreed that the arbitration shall
be conducted by China International Economic and Trade Arbitration
Commission or by its Sub-Commissions.
Where an arbitration agreement or an arbitration clause
contained in the contract provides for arbitration by China
Council for the Promotion of International Trade/China Chamber
of International Commerce or by the arbitration commission
or court of arbitration of China Council for the Promotion
of International Trade/China Chamber of International Commerce,
it shall be taken that the parties have unanimously agreed
that the arbitration shall be conducted by China International
Economic and Trade Arbitration Commission.
Article 90 These Rules shall come into force as from October
1st, 2000. For cases accepted by the Arbitration Commission
or by its Sub-Commissions before the date on which these Rules
become effective, the Rules of Arbitration effective at the
time of acceptance shall apply. However, these Rules will
be applied if the parties so agree.
Article 91 The power to interpret these Rules is vested
in the Arbitration Commission.
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