(Effective Date 1983.08.22)
CONTENTS
CHAPTER I GENERAL PRINCIPLES
CHAPTER II JURISDICTION
CHAPTER III ORGANISATION
CHAPTER IV PROCEDURES
CHAPTER V APPENDIX
CHAPTER I GENERAL PRINCIPLES Article 1. Pursuant to the “Economic Contract Law of the People’s Republic of China”, the present regulations are hereby formulated to correctly Article 2. The State General Administration for Industry and Commerce and the economic contract arbitration boards established by local administrations Article 3. Arbitration organs shall handle cases of disputes over economic contracts within their terms of reference and practise the system Article 4. In handling cases of disputes over economic contracts, organs of arbitration upholds the principle of carrying out investigations Article 5. In places where minority nationality people live in compact community,languages, oral or written, of local minority people shall Article 6. Disputing parties should apply for arbitration with the organs of arbitration within one year starting from the date when they get Article 7. Disputing parties or their legal representatives may entrust one or two persons to take action on their behalf. In entrusting others Article 8. The regulations apply to disputes over economic contracts between legal persons as well as to disputes over economic contracts signed
CHAPTER II JURISDICTION Article 9. Cases of disputes over economic contracts shall be handled by arbitration organizations in places where the contracts are implemented Disputes over construction engineering contracts shall be handled by arbitration organizations in places where the project is built. Disputes over economic contracts arising from the course of transportation by rail,road, water or through transport, shall be handled Disputes over economic contracts arising from air transport shall be handled by arbitration organizations in places where the contracts Article 10. Disputes over economic contracts shall be handled by arbitration organizations of counties (cities) and city districts, with the (1) Cases that have a big influence or involve a sum of over 500, 000 to 5 million Yuan shall be handled by arbitration organizations (2) Major economic disputes of great impact or involving a sum of 5 million to 10 million yuan shall be handled by provincial, municipal (3) Disputes over economic contracts that will have great impact nationwide or disputes between provinces,municipalities and autonomous Article 11. Arbitration organizations at a higher level have the right to handle cases within the jurisdiction of arbitration organizations Arbitration organizations at a lower level may submit cases within their jurisdiction to arbitration organizations at a higher level Article 12. Cases within the jurisdiction of two arbitration organizations may be accepted by the arbitration organization which first received Arbitration organizations shall not accept cases where one of the disputing parties has applied for arbitration while the other has Article 13. Disputes arising from jurisdiction shall be settled through Consultation between disputing parties. Should consultation fails, the
CHAPTER III ORGANIZATION Article 14. Economic contract arbitration boards of the state administration for industry and commerce at all levels are composed of one chairman, Economic contract arbitration boards designate a number of arbitrators to handle cases of disputes over economic contracts. Article 15. Arbitration organizations at all levels may appoint according to needs part-time arbitrators from among prominent figures, professional Part-time arbitrators should have the support of their own units in performing their duties. Article 16. In handling cases of disputes over economic contracts, arbitration organizations shall form arbitration tribunals each composed In discussing cases, the arbitration tribunal should follow the principle of the minority subordinating to the majority. Records should Difficult cases may be submitted for discussion and decision by the arbitration boards. The decisions by the arbitration boards shall Simple cases may be handled by one arbitrator appointed. Article 17. If any member of the arbitration tribunal is deemed unsuitable for handling a case, he should apply for “withdrawal”, If any of Article 18. The withdrawal of the umpire shall be determined by the arbitration board. The withdrawal of arbitrators shall be decided by the An arbitration organization may inform the disputing parties orally or in written form of its decision on withdrawal.
CHAPTER IV PROCEDURES Article 19. Application should be filed with the arbitration organization for arbitration according to the provisions of the regulations and The application must specify the follow items: (1) Name and address of the accuser, name and function of the legal representative. (2) Name and address of the accused, name and function of the legal representative. (3) Reasons and claims of the application. (4) Evidence and the name and address of witnesses. Article 20. The arbitration organization should put the case on file for investigation and prosecution within seven days after the application After a case is accepted, the duplicates of the application should be delivered to the accused within five days from the date of acceptance. The handling of a case is not affected whether the accused has presented the letter of reply or not within the prescribed period of Article 21. An arbitrator must make a careful study of the application, reply and carry out investigations to collect evidence. In order to obtain evidence, an arbitration organization may request the permission to examine files related to the case, data and Arbitration organizations must keep secret evidences involving state secrets. Article 22. When conducting the spot survey or technical examinations, the disputing parties and personnels involved should be informed present; The records on the spot survey and technical examinations should specify the time, place and the result of the survey or examination If a unit is entrusted to carry out the technical examination by an arbitration organization, it should conduct the testing according Article 23. If an arbitration organization is required to carry out the investigations, items and requirements should be specified. The arbitration Article 24. While the handling of a case is in process, the arbitration organization may rule to take measures to prevent more serious property In deciding measures to save damage,the arbitration organization may demand the applicant of providing a guarantor. If the applicant If the applicant loses the case, he should compensate for the losses in property inflicted by taking the measures to save from damage. Measures to save from damage may include termination of the execution of the contract, sealing up and detain the goods, selling of Article 25. An arbitration organization should first exercise mediation in handling a case, either by an arbitrator or by an arbitration tribunal. Article 26. An arbitration organization should mediate on the basis of finding out facts and affixing responsibilities so as to promote mutual The agreement should be reached on a voluntary basis and should not be forced upon the disputing parties. The contents of the agreements shall not violate the law, administrative regulations or other rules and regulations and policies or Article 27. When an agreement is reached through mediation, a letter of mediation should be written, which should specify the names and addresses Article 28. When the mediation letter is delivered, the disputing parties should automatically observe it. Article 29. If no agreement is reached through mediation or one disputing party or both parties have backed up their commitments, the arbitration Article 30. Before an arbitration tribunal hears a case, the disputing parties should be informed in written form of the time, place of the Article 31. In hearing a case, the umpire should announce the list of arbitrators and secretaries and ask whether the disputing parties request The tribunal should carefully listen to the statements and replies of the disputing parties and the presenting of evidences, then Article 32. Arbitration awards should specify: (1) The names, addresses of the representatives or agents of the accuser and the accused. (2) Reasons for application, facts about the disputes and claims. (3) Facts established by the ruling, reasons and the law provisions applied. (4) Result of the ruling and the bearer of the arbitration fees. (5) Time limit for appeal if the ruling is not accepted. The arbitration awards must be signed by the arbitrations and sealed by the arbitration organizations. Article 33. If one of the disputing parties or both refuse to accept the arbitration award, he or they may bring the case before the people’s Article 34. If the chairman or vice-chairmen of the economic contract arbitration board find there is indeed errors in the ruling which has If an arbitration organization at a higher level discovers errors in an arbitration award that has already become legally binding, A new arbitration tribunal should be formed in re-arbitration. Article 35. Parties to an economic contract should automatically implement the mediation instruments or arbitration awards that have already
CHAPTER V APPENDIX Article 36. Disputing parties shall be charged arbitration fees, which include acceptance fees and handling fees. Case handling fees (including fees for testing, survey and investigation, examination, travel expenses and the subsidy for witnesses Case acceptance fees are paid in advance by the applicant. After the case is completed, the arbitration fees should be borne by the losing party. If the disputing parties partially lose or The standard of arbitration fees shall be fixed by the State Administration for Industry and Commerce. Article 37. If the mediation works, the arbitration fees should be borne by both parties through consultation. Article 38. The present regulations becomes effective from the date of promulgation. Other regulations on economic contract arbitration promulgated
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