CHAPTER I GENERAL PROVISIONS SECTION I JURISDICTION SECTION II ORGANIZATION CHAPTER II PROCEDURES OF ARBITRATION SECTION I APPLICATION FOR, DEFENCE OF AND COUNTERPLEA AGAINST ARBITRATION SECTION II COMPOSITION OF THE ARBITRATION TRIBUNAL SECTION III HEARING SECTION IV RULING CHAPTER III SUMMARY PROCEDURES CHAPTER IV SUPPLEMENTARY RULES
Article 1 These Rules of Arbitration are hereby formulated in line with stipulations in the Arbitration Law of the People’s Republic of China Article 2 The China Maritime Arbitration Commission (originally the Maritime Arbitration Commission of the China Council for the Promotion The Arbitration Commission shall assume jurisdiction over the following cases of maritime disputes: (1) Disputes over the rescue of ships and common sea losses. (2) Disputes over collision of ships and damages caused by ships to structures or facilities on the sea, on waters joining rivers (3) Disputes over the management, operation, leasing, mortgaging, commissioning, towing, salvaging, trading, repairing, building, (4) Disputes over the development or utilization of sea resources or pollution of sea environment. (5) Disputes over contracts on agency shipping, contracts on material supply to ships, contracts on labour services of foreign-related (6) Other maritime disputes to be arbitrated according to agreements reached between the parties. Article 3 The Arbitration Commission shall accept cases according to the agreements of arbitration reached between the parties before or after The agreement of arbitration refers to the clauses of arbitration included by the parties into their contract, or other written agreements Article 4 The Arbitration Commission has the right to make decisions on the existence and, effect of any agreements of arbitration and the Article 5 The clauses of arbitration in a contract shall be taken as separate and independent from other clauses of this contract, and the Article 6 Counterpleas against an agreement of arbitration or the power of jurisdiction over cases of arbitration shall be raised before the Article 7 Parties that agree to handle their disputes over to the Arbitration Commission for arbitration shall be regarded as having agreed
Article 8 The Arbitration Commission shall have one honorary president and several advisors. Article 9 The Arbitration Commission shall be composed of one president, several vice-presidents, and commission members. The president shall The Arbitration Commission shall have a secretariat to take charge of the daily routines of the Arbitration Commission under the leadership Article 10 The Arbitration Commission shall set up a panel of arbitrators. The arbitrators shall be engaged by the Arbitration Commission from Article 11 The Arbitration Commission shall be headquartered in Beijing. To meet the need of the development of arbitration businesses, the
CHAPTER II PROCEDURES OF ARBITRATION
SECTION I APPLICATION FOR, DEFENCE OF AND COUNTERPLEA AGAINST ARBITRATION Article 12 The procedures of arbitration shall begin on the day when the Arbitration Commission sends out its notice of arbitration. Article 13 When filing an application for arbitration, the applicant shall (1) Submit an application of arbitration which shall contain: 1) The names and addresses of the applicant and the respondent (and their post codes, telephone numbers, telex numbers, facsimile 2) Agreement of arbitration the applicant uses as a support. 3) Description of the case and key issues under dispute. 4) The request of the applicant and the facts and evidences supporting this request. Applications of arbitration shall be signed by and/or affixed with the seals of the applicants and/or their authorized representatives. (2) Attach documents certifing the facts supporting the requests of the applicant to the application of arbitration filed. (3) Pay arbitration expenses in advance according to the tables of arbitration expenses worked out by the Arbitration Commission. Article 14 After receiving and examining the application of arbitration and the documents attached to it submitted by the applicant, the secretariat After sending out notices of arbitration to the applicant and the respondent, the Arbitration Commission shall appoint a member of Article 15 Both the applicant and the respondent shall choose on their own accord an arbitrator from the panel of arbitrators of the Arbitration Article 16 The respondent shall submit to the secretariat of the Arbitration Commission answering statements and relevant documents of certification Article 17 If the respondent has a counterplea to make, it shall submit it to the Arbitration Commission in written form within 60 days after If the respondent makes a counterplea, it shall list in its counterplea in detail its counterpleas, its justification of these counterpleas, If the respondent makes a counterplea, it shall pay arbitration expenses in advance according to the table of arbitration expenses Article 18 The applicant can apply for revision of its application of arbitration, and the respondent can apply for revision of its counterplea. Article 19 Applications of arbitration, answering statements, counterpleas, relevant evidences, and other documents submitted by the parties Article 20 Failure on the part of the respondent to submit written answering statements and/or failure on the part of the applicant to submit Article 21 The parties can entrust arbitration agents to go through relevant procedures of arbitration. The entrusted arbitration agents shall Article 22 If a party applies for the taking of measures to protect its properties, the Arbitration Commission shall relay the application for If a party applies for the taking of measures to protect evidences, the Arbitration Commission shall rely the application for ruling
SECTION II COMPOSITION OF THE ARBITRATION TRIBUNAL Article 23 Each of the parties shall choose on their own accord one arbitrator from the panel of arbitrators of the Arbitration Commission or If the parties fail to jointly choose or jointly entrust the president of the Arbitration Commission to appoint the third arbitrator The chief arbitrator and the other two arbitrators chosen or appointed shall form an arbitration tribunal to jointly hear cases. Article 24 The parties can jointly choose or jointly entrust the president of the Arbitration Commission to appoint one arbitrator from the If the parties reach agreement on having one arbitrator to hear their case but fail to agree on the choice of the arbitrator within Article 25 If the applicant or the respondent fails to choose or entrust the president of the Arbitration Commission to appoint its arbitrator Article 26 If a case of arbitration involves two or more than two applicants and/or respondents, the applicants and/or the respondents shall If the applicants and/or the respondents fail to jointly choose their arbitrator or jointly entrust the president of the Arbitration Article 27 If the chosen or appointed arbitrator has any personal interests involved in the case, he or she shall tell the Arbitration Commission Article 28 If the parties have good reasons to doubt the impartiality and independence of the chosen or appointed arbitrator, they can file The request for the withdrawal of an arbitrator shall be raised in written form before the first hearing. If the reasons for requesting Article 29 The president of the Arbitration Commission shall decide whether an arbitrator shall be withdrawn or not. Article 30 If an arbitrator can not perform his or her duties due to withdrawal, death, dismissal or any other reasons, a replacement shall After the replacement is chosen or appointed, the arbitration tribunal shall decide whether to repeat all or part of the procedures
Article 31 The arbitration tribunal shall open court in its hearing of cases. If applied for agreed upon by the parties and the arbitration Article 32 The secretariat shall notify the parties of the date of the first hearing of a case of arbitration 30 days before the sitting of Article 33 The notice of the date of following sittings after the first open hearing shall not be subject to the time limit set in the preceding Article 34 Cases accepted by the Arbitration Commission shall be heard in Beijing. With agreement from the secretary general of the Arbitration Article 35 The arbitration tribunal shall not open its hearing of cases to the public. If both of the parties ask for opening hearings to the Article 36 If the hearing of a case is not opened to the public, neither the parties nor their arbitration agents, witnesses, arbitrators, the Article 37 The parties shall produce evidences for the facts supporting their applications, answering statements, and counterpleas. If deeming If the arbitration tribunal deems it necessary to ask for the presence of the parties during its investigation of facts or collection Article 38 The arbitration tribunal can seek consulting from experts on specific issues of a case or appoint appraisers to make appraisal. The The arbitration tribunal has the right to ask the parties and the parties are obliged to provide or produce datas, documents, properties, Article 39 Copies of the reports by the experts and the appraisers shall be sent to the parties so that they shall have an opportunity to air Article 40 The evidences produced by the parties shall be examined by the arbitration tribunal, and the arbitration tribunal shall decide whether Article 41 If one party fails to be present when the arbitration tribunal sits, the arbitration tribunal can hear the case and make a ruling Article 42 When sitting to hear a case, the arbitration tribunal can take notes and/or make recordings of the hearings. If deeming it necessary, Court notes and recordings shall be used for consulting by the arbitration tribunal only. Article 43 If the parties reach on their own accord agreement of conciliation over a case of arbitration outside the arbitration tribunal, they If the parties apply once again for arbitration of a case that has been withdrawn, the president of the Arbitration Commission shall Article 44 If one party knows or should know that any of the clauses or items of these Rules of Arbitration or an agreement of arbitration are Article 45 If both the parties have the wish for mediation, or one of them has the wish for mediation and agreement is won by the arbitration Article 46 The arbitration tribunal can mediate in any form it deems appropriate. Article 47 Should any of the parties ask for stop of mediation during the process of mediation by the arbitration tribunal or the arbitration Article 48 If the parties reach agreement of conciliation outside the arbitration tribunal during the process of mediation by the arbitration Article 49 If conciliation is achieved through mediation by the arbitration tribunal, the parties shall sign a written agreement of conciliation. Article 50 If mediation fails, neither of the parties shall use any of the statements, opinions, views or suggestions made, put forward, acknowledged,
Article 51 An arbitrational tribunal shall make a ruling within nine months of its formation. If requested by the arbitration tribunal and deemed Article 52 An arbitrational tribunal shall make rulings independently and impartially on the basis of facts, in accordance with laws and contractual Article 53 On cases handled by an arbitration tribunal composed of three arbitrators, the rulings shall be made according to the opinion of If an arbitration tribunal can not reach majority agreement, the ruling shall be made according to the opinion of the chief arbitrator. Article 54 The rulings made by an arbitrational tribunal shall list the arbitration request, facts under dispute, reasons for ruling, results Article 55 Unless it is made according to the opinion of the chief arbitrator or that of an exclusive arbitrator, an arbitration ruling shall Arbitrators shall submit draft rulings to the Arbitration Commission before signing them. Under the precondition of not affecting Rulings shall be affixed with the seal of the Arbitration Commission. The date of the making of a ruling shall be the date of the effectuation of this ruling. Article 56 If deemed as necessary or requested by the parties and agreed by the arbitration tribunal, intermediate or partial rulings can be Article 57 The arbitration tribunal is empowered to decide in its ruling upon the amount of arbitration expenses and other costs to be finally Article 58 The arbitration tribunal is empowered to decide upon the compensation by the losing party of the rational amount of expenses spent Article 59 Arbitration rulings are final and are binding to both parties. Neither of the parties shall raise a lawsuit to a court, or ask any Article 60 Any of the parties can, within 30 days after receiving an arbitration ruling, point out the writing, printing, calculating, or other Article 61 If any items are left out in an arbitration ruling, any of the parties can file a written application, within 30 days after receiving If such commissions do exist, the arbitration tribunal shall make, within 30 days after receiving the written application as mentioned Article 62 The parties shall implement the ruling on their own accord in line with the term prescribed in an arbitration ruling. If no specific If one party fails to implement a ruling, the other party can ask, in accordance with stipulations of Chinese laws, a Chinese court
Article 63 Unless otherwise agreed to between the parties, these summary procedures shall be applicable to disputes involving funds of no more Article 64 The secretariat of the Arbitration Commission shall, upon deciding after examination that the arbitration application filed by an Unless the parties have jointly chosen their independent arbitrator from the panel of arbitrators provided by the Arbitration Commission, Article 65 The respondent shall, within 30 days after receiving the notice of arbitration, submit a reply and other relevant documents of certification Article 66 The arbitration tribunal can hear cases in the form it deems as appropriate. It can decide to hear a case simply with the written Article 67 The parties shall submit written materials and evidences necessary for arbitration according to the requirements raised and the time Article 68 For cases to be heard with the sitting of the arbitration tribunal, the secretariat of the Arbitration Commission shall notify, after Article 69 If the arbitration tribunal decides to hear a case with a sitting, it will sit only once. If necessary, it may decide to sit again. Article 70 During the implementation of summary procedures, the failure by any of the parties to behave in line with these summary procedures Article 71 Alteration of arbitration requests and the raising of counterpleas shall not affect the continuous implementation of summary procedures. Article 72 For cases to be heard with the sitting of the arbitration tribunal, the arbitration tribunal shall make arbitration rulings within Article 73 Matters left out in this chapter shall be handled in accordance with stipulations in other chapters of these Rules.
Article 74 The Arbitration Commission shall use Chinese as its official language. If otherwise agreed
MORE STORIES
|