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The China International Economic and Trade Arbitration Committee Arbitration Rules of the China International Economic and Trade Arbitration Committee (Promulgated on March 17, 1994, Revised and adopted on September 4, 1995, And shall enter into force on October 1, 1995) Chapter I General Provisions Section I Jurisdiction Article 1 The arbitration rules have been formulated in accordance with the Arbitration Law of the People’s Republic of China and the relevant Article 2 The China International Economic and Trade Arbitration Committee (formerly the Foreign Trade Arbitration Committee of the China Council If the scope to accept cases is specially stipulated or authorized by the laws and administrative rules of the People’s Republic of Article 3 The arbitration committee shall accept a case upon a written application by one party concerned for the arbitration of a dispute in An arbitration agreement refers to the arbitration clause specified in a contract between parties concerned or an agreement on arbitration Article 4 The arbitration committee has the right to decide on the existence, validity and jurisdiction of the case put to arbitration. Article 5 Arbitration clauses of a contract shall be deemed as independent of other clauses in the same contract; an arbitration agreement attached Article 6 A counterclaim against the arbitration agreement and/or the jurisdiction over the case put to arbitration shall not be put forward Article 7 If the parties concerned agree to put their disputes to arbitration by an arbitration committee, it shall be regarded as having agreed Section II Organization Article 8 The arbitration committee shall have an honorary chairman and a number of advisors. Article 9 The arbitration committee shall be composed of a chairman, a number of vice-chairman, a secretary-general and a number of members. The arbitration committee shall have a secretarial bureau to handle the routine affairs of the committee. Article 10 The arbitration committee shall maintain a panel of arbitrators, who shall be appointed by the China Council for the Promotion of Article 11 The arbitration committee shall be headquartered in Beijing but also with a sub-committee in the Shenzhen Special Economic Zone and The sub-committees of the arbitration committee each shall have a secretarial section to handle the routine affairs of the branch. This set of arbitration rules applies to the arbitration committee and its sub-committees. If a case is handled by a sub-committee, Article 12 The parties concerned may reach an agreement to have their disputes arbitrated by the arbitration committee in Beijing or by the sub-committees Chapter II Arbitration Proceedings Section I Arbitration Application, Defense and Counterclaim Article 13 The arbitration proceedings start from the date when the arbitration notice of the arbitration committee is received by the respondents. Article 14 In applying for arbitration, the claimant shall: 1. submit an application which should specify: (1) the names and addresses (postcode, telephone number, telex number, facsimile number or cable code, if any) of the claimant and the (2) the arbitration agreement on which the claimant bases himself; (3) the situation of the case and points in dispute; (4) claims of the claimant and the facts and evidence on which the claims are based. The application for arbitration shall be affixed with the signature and/or seal of the claimant and/or the attorney authorized by 2. attach to the application the documents substantiating the facts on which the claims of the claimant are based; 3. chose an arbitrator from the list of the panel of arbitrators provided by the arbitration committee or entrust the appointment to 4. pay an arbitration fee in advance to the arbitration committee according to the arbitration fee table formulated by the arbitration Article 15 After the arbitration application of the claimant and the documents attached are received, the secretarial bureau of the arbitration The arbitration committee, after the issuance of an arbitration notice to the claimant and the respondent(s), shall assign a member Article 16 The respondent(s) shall select an arbitration from the list of the panel of arbitrators provided for or entrust the appointment to Article 17 The respondent(s) shall, within 45 days after the receipt of the arbitration notice, submit to the secretarial bureau of the arbitration Article 18 The respondent(s) shall file a counterclaim, if any, with the secretarial bureau of the arbitration committee within 60 days starting In the counterclaim which should be in written form, the respondent(s) shall specify the claims and the reasons of the counterclaim In filing a counterclaim, the respondent(s) shall pay the prescribed amount of arbitration fee in advance according to the arbitration Article 19 A claimant may revise his claims and a respondent may also revise his counterclaims. However, the arbitration tribunal may refuse to accept such revisions if it deems the revisions in question are too late or have affected Article 20 In submitting an application for arbitration, defense, counterclaim and relevant documentary evidence and other documents, the parties Article 21 The failure to provide a written defense by a respondent or the failure to provide a written defense against the counterclaims of Article 22 The parties concerned may authorize attorneys to handle affairs about arbitration and the attorneys accepting the authorization shall Either Chinese or foreigners can accept such authorization to act as attorneys. Article 23 If a party concerned applies for measures to secure property against risks, the arbitration committee shall submit the application If a party concerned applies for measures to secure evidence, the arbitration committee shall submit the application of the party Article 24 After each of the two parties has chosen one arbitrator from among the list of the panel of arbitrators of the arbitration committee Article 25 The two parties concerned may jointly appoint or entrust the chairman of the arbitration committee to appoint an arbitrator as the If the two parties have agreed on the joint appointment of a sole arbitrator to hear their case alone, but failed to agree on the Article 26 If a respondent fails to appoint or entrust the chairman of the arbitration committee to appoint an arbitrator according to the provisions Article 27 If there are two or more claimants and/or respondents in a case for arbitration, the claimants side and/or respondents side shall Article 28 If an arbitrator appointed has personal interests in a case, the arbitrator shall reveal it to the arbitration committee and ask for Article 29 If a party concerned doubts with good reasons the fairness and independence of an arbitrator appointed, the party may file a written The request for withdrawal of the arbitrator shall be raised in written form 15 days before the first hearing. If the occurrence and Article 30 The Chairman of the arbitration committee shall decide on whether the arbitrator in question should withdraw or not. Article 31 If an arbitrator is unable to perform his duty due to withdrawal or other reason, a substitute shall be made according to the arbitrator After a substitute is made, the arbitration tribunal shall decide whether or not the hearing held should be repeated completely or Section III Hearing Article 32 The arbitration tribunal shall hold oral hearings. However, when the parties concerned request or agree and the arbitration tribunal Article 33 The date of oral hearing shall be decided upon by the arbitration tribunal after consultation with the secretarial bureau of the arbitration Article 34 The notice for the date of the hearings following the first one shall not be restricted by the 30 days limit. Article 35 Cases accepted by the arbitration committee shall be heard in Beijing and they may also be heard in places other than Beijing with Article 36 The arbitration tribunal shall not hear cases in open sessions. If the parties concerned request the case heard in open sessions, Article 37 For cases heard not in open sessions, the parties concerned or their agents, witnesses, arbitrators, consulting experts of the tribunal, Article 38 The parties concerned shall provide evidence for the facts on which their claims or defense are based. The arbitration tribunal may, In carrying out investigations or collecting evidence, the arbitration tribunal should request the presence of the parties concerned Article 39 The arbitration tribunal shall consult experts or appoint appraisers on some special problems involved in a case. Such experts or The arbitration tribunal has the right to request the parties concerned and the latters are obliged to provide or produce to experts/appraisers Article 40 Copies of the expert report and the appraisal report should be sent to the two parties concerned for their respective comments. If Article 41 The arbitration tribunal shall examine the evidence provided by the parties concerned to decide upon whether or not to adopt the expert Article 42 If a party concerned refuses to be present at the hearing, the arbitration tribunal shall proceed with the hearing and make an award Article 43 During hearings, the secretarial bureau of the arbitration committee shall take minutes and/or make tape-recordings. The arbitration The minutes and tape-recordings taken by the secretarial bureau shall be used for reference by the arbitration tribunal only. Article 44 If the two parties concerned have reached a settlement by themselves outside the arbitration tribunal, they may ask the arbitration If the party or parties concerned refer again the case dismissed to the arbitration committee for arbitration, the chairman of the Article 45 If a party concerned knows or should have known that this set of arbitration rules or any clauses, or details of the arbitration agreement Article 46 If the two parties concerned have the desire for mediation or one party concerned has the desire for mediation and with the consent Article 47 The arbitration tribunal may conduct mediation by the way it deems fit. Article 48 If any party requests, in the process of mediation, the termination of mediation or the arbitration tribunal deems that there is no Article 49 If the two parties concerned have reached reconciliation outside the arbitration tribunal in the process of mediation, the reconciliation Article 50 Having reached reconciliation under the mediation of the arbitration tribunal, the parties concerned shall sign a written reconciliation Article 51 Should mediation fail, any party shall not, in the subsequent arbitration proceedings, judicial proceedings or other proceedings, Section IV Ruling Article 52 The arbitration tribunal shall render an arbitration award within nine months after the tribunal is formed. Upon the request of the Article 53 The arbitration tribunal shall make the ruling independently and fairly according to facts, the provisions of laws and contracts, Article 54 The arbitration tribunal shall state the reasons on which the ruling is based unless the ruling has been made according to the contents Article 55 When a case is heard by an arbitration tribunal of three arbitrators, the ruling shall be made by the majority of the arbitrators. The opinions of the minority may be recorded and attached Article 56 Should an arbitration tribunal fail to make a ruling by the majority, the ruling shall be made according to the opinion of the first Article 57 The arbitration tribunal may, if it deems it necessary or the parties concerned so request and it agrees, make an interlocutory or Article 58 The arbitration tribunal has the right to decide, in the arbitration award, on the arbitration fees and other expenses the two parties Article 59 The arbitration tribunal has the right to decide, in the arbitration award, on part of the justifiable expenses to be compensated Article 60 The arbitration award is final, binding to both parties. No party shall bring a suit before a law court or make a request to any other Article 61 Any party concerned may request in writing the arbitration tribunal to correct any errors in writing, topography or computation or Article 62 If any matter is found to have been left out in the ruling, any party may request in writing the tribunal to make supplementary rulings If any matter has been proved to have been left out in the ruling, the arbitration tribunal shall make supplementary rulings within Article 63 The parties concerned shall automatically abide by the arbitration award within the time limit specified in the award. If no time If one party fails to perform the award, the other party may, pursuant to the Chinese law, apply for the enforcement of the award Chapter III Simplified Proceedings Article 64 Unless otherwise agreed upon by the parties concerned, any case in dispute involving less than RMB 500,000 or a case in dispute involving Article 65 When a party concerned has filed an application for arbitration with the arbitration committee and the case is deemed acceptable after Article 66 The other party concerned shall submit, within 30 days of the receipt of the arbitration notice, his defense and relevant documents Article 67 The arbitration tribunal shall handle the case by the way it deems fit. It may determine whether to handle the case according to the Article 68 The parties concerned shall submit to the arbitration tribunal, written materials and evidence needed in arbitration according to Article 69 In holding oral hearings, after the date of hearing is fixed, the secretarial bureau of the arbitration committee shall notify the Article 70 If the arbitration tribunal has decided to hold oral hearings, it shall hold one hearing only and shall not hold a second, unless Article 71 In the process of conducting the simplified proceedings, the failure of any party to observe the simplified proceedings shall not Article 72 The alteration of the arbitration claims or the raising of counterclaims shall not affect the proceedings, except for cases when the Article 73 For oral hearings, the arbitration tribunal shall pass the arbitration award within 30 days starting from the date of the opening Article 74 The provisions of this chapter are applicable to the relevant provisions of the other chapters of this set of rules. Chapter IV Supplementary Provisions Article 75 The Chinese language shall be the official language of the arbitration committee. If the parties concerned have agreement concerning At hearings, if parties concerned or their attorneys or witnesses need interpreters, the secretarial bureau shall provide interpreting The secretarial bureau of the arbitration committee shall, if it deems it necessary, ask the parties concerned to translate the documents Article 76 Unless there are agreements between the parties concerned or the arbitration has made decisions, all the arbitration documents, notices Article 77 Any written communication from the arbitration committee to the parties concerned is deemed to have been received if it is delivered Article 78 The arbitration committee may collect from the parties concerned, in addition to the arbitration fees according to the arbitration The arbitration committee may also collect certain amount of fees according to the amount of work done or actual expenses incurred Article 79 If the arbitration agreement or arbitration clause in a contract specifies that the arbitration shall be conducted by the arbitration Article 80 This set of arbitration rules shall enter into force as of June 1, 1994. For cases accepted by the arbitration committee or its sub-committees Ar
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