Export Impact For Good

 
Countries / Territories

China Maritime Arbitration Commission Arbitration Rules (2001)

  • (Revised and Adopted on November 22, 2000 by China Chamber of International Commerce. Effective as from January 1, 2001.)

    Chapter I General Provisions

    Section 1 Jurisdiction

    Article 1

    These Rules are formulated in accordance with the Arbitration Law and the provisions of the relevant laws of the People's Republic of China (PRC).

    Article 2

    China Maritime Arbitration Commission (formerly known as Maritime Arbitration Commission of the China Council for the Promotion of International Trade, and hereinafter referred to as the "Arbitration Commission") independently and impartially resolves, by means of arbitration, contractual or non-contractual maritime disputes arising from, or in the process of, transportation, production and navigation by or at sea, on coastal waters and navigable waters adjacent to sea, in order to protect the legitimate rights and interests of the parties and promote the development of the domestic and international industry of maritime commerce and economy and trade.

    The Arbitration Commission shall take cognizance of cases relating to the following maritime disputes

    (1) dispute arising from salvage and general average

    (2) dispute arising from collision between ships and/or other offshore mobile units, or from contact of ships or other offshore mobile units with structure or any installation on the sea, navigable waters adjacent thereto and in the harbours, as well as with the submarine or underwater installation

    (3) dispute arising from carriage of goods at sea or on coastal water or on navigable waters adjacent to sea under bill of lading, waybill, voyage charter party or contract of multi-model transport containing a mode of transport by sea or any other transport documents, as well as from carriage of passengers at sea or on waters referred to above;

    (4) dispute arising from time and bareboat-chartering of ships, or from leasing of other offshore mobile units and containers or other transport articles, and from management, operation, agency, towage, raising and demolition of ship or other offshore mobile units;

    (5) dispute arising from ownership of ships or other offshore mobile units and maritimelien ;

    (6) dispute arising from insurance on ships on sea, coastal waters or navigable waters adjacent to sea and on other offshore mobile units, or from insurance on carriage of goods, or from insurance on carriage of passengers, or from insurance on offshore exploitation of resources, and from their reinsurance, as well as from ship's protection and indemnity;

    (7) dispute arising from sale, construction and repair of ships or other offshore movable units and containers or other transport articles;

    (8) dispute arising from mortgage for loan on ships or other offshore mobile units;

    (9) dispute arising from contracts of freight forwarding, supply of ship's stores, seamen's labour service, fishery production or fishing and so on;

    (10) dispute arising from exploitation and utilization of marine resources, or pollution damage to marine environment;

    (11) dispute arising from maritime security;

    (12) other maritime dispute or dispute relating to maritime event submitted for arbitration by agreement between the parties.

    Article 3

    The Arbitration Commission takes cognizance of cases in accordance with an arbitration agreement between the parties concluded before or after the occurrence of the dispute to refer their dispute to the Arbitration Commission for arbitration and upon the written application by one of the parties.

    An arbitration agreement means an arbitration clause stipulated by the parties in their contract or a written agreement concluded by the parties in other forms to submit their dispute for arbitration.

    Article 4

    The Arbitration Commission has the power to decide on the existence, validity of an arbitration agreement and the jurisdiction over an arbitration case. If a party challenges the validity of the arbitration agreement and requests the Arbitration Commission to make a decision thereupon while the other party applies to the people's court for a ruling, the latte's ruling shall prevail. However, in case of a challenge made against the validity of an arbitration agreement, if the acceptance of the application by the Arbitration Commission precedes that by the people's court and a decision is made thereupon, the decision by the Arbitration Commission shall prevail.

    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 the modification, rescission, termination, invalidity, revocation or non-existence of the contract.

    Article 6

    Any objections to an arbitration agreement 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, the objections to the jurisdiction should be raised before submission of the first substantive defense. The objections raised later than the prescribed time shall be regarded as waiving the right to raise objections.

    The objections raised to the arbitration agreement or jurisdiction over the arbitration case shall not affect the process of the arbitration proceedings.

    Article 7

    Where the parties agree to submit their dispute to the Arbitration Commission for arbitration, it shall be considered that they have agreed to conduct the arbitration under these Rules. Nevertheless in case that the parties have otherwise agreed upon other arbitration procedures and the Arbitration Commission agrees thereto, the agreement of the parties shall prevail.

    Section 2 Organization

    Article 8

    The Arbitration Commission shall have one honorary Chairman and several advisers.

    Article 9 The Arbitration Commission is composed 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 perform the Chairman's functions and duties with the Chairman's authorization.

    The Arbitration Commission shall have 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 shall maintain a Panel of Arbitrators. The arbitrators shall be selected and appointed by the Arbitration Commission from among Chinese and foreign personages with special knowledge and practical experience in the fields of navigation, carriage by sea, foreign trade, insurance and management of risks, law and other fields.

    Article 11

    The Arbitration Commission is located in Beijing. The Arbitration Commission may, according to the growing need for arbitration service, set up its Sub-Commissions or offices in other places within China's territory.

    Offices are organs of the Arbitration Commission for public relations, consultancy and liaison, and are, under the unified leadership of the Arbitration Commission, engaged in publicity, investigation and research and consultancy in respect of maritime arbitration. The offices shall assist the Arbitration Commission in arranging oral hearings held in their locality, but they shall not take cognizance of any case, collect fees and charges, nor shall they examine or hear any case.

    Chapter II Arbitration Proceedings

    Section 1 Application for Arbitration,
    Defense and Counter-claim

    Article 12

    The arbitration proceedings shall commence from the date on which the Notice of Arbitration is sent out by the Arbitration Commission.

    Article 13

    The Claimant, when submitting his Application for Arbitration, shall
    (1) submit an Application for Arbitration which shall specify:
    (a) the name and address of the Claimant and those of the Respondent, including the zip code, telephone number, telex number, fax number and cable number or other electronic communication address, if any;
    (b) the arbitration agreement relied upon by the Claimant;
    (c) the facts of the case and the main points of dispute;
    (d) the Claimant's claim along with underlying facts and evidence.

    The Application for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized by the Claimant.

    (2) append to the Application for Arbitration the relevant documentary evidence on which the Claimant's claim is based.

    (3) pay an arbitration fee in advance to the Arbitration Commission according to its Arbitration Fee Schedule.

    Article 14

    Where after receipt of the Application for Arbitration and its attachments, the Secretariat of the Arbitration Commission, finds upon examination, that the Claimant has not completed the formalities required for arbitration, the Secretariat shall request the Claimant to complete them, and when the Secretariat finds that the Claimant has completed the formalities, the Secretariat shall immediately 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, and shall simultaneously send to the Claimant one copy each of the Notice of Arbitration, the Arbitration Rules, the Panel of Arbitrators and Arbitration Fee Schedule.

    The Secretariat of the Arbitration Commission, when 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 15

    The Claimant and the Respondent shall, within 20 days from the date of receipt of the Notice of Arbitration, appoint respectively an arbitrator from among the Arbitrators on the Panel of the Arbitration Commission or authorize the Chairman of the Arbitration Commission to make such appointment. Both parties shall within the prescribed time jointly appoint, or jointly entrust the Chairman of the Arbitration Commission to appoint, a third arbitrator as the presiding arbitrator.

    Article 16

    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. Beyond the specified time, the arbitration tribunal is entitled to decide on whether to accept.

    Article 17

    The Respondent shall, within 45 days from the date of receipt of the Notice of Arbitration, lodge with the Secretariat of the Arbitration Commission his counterclaim in writing, if any. The arbitration tribunal may, at request, extend that time limit if it considers that there is a justified reason.

    When lodging a counterclaim, the Respondent shall state in his written counterclaim his specific claim, reasons for his claim and the underlying facts and evidence for his claim, and attach to his written counterclaim the relevant documentary evidence.

    When lodging a counterclaim, the Respondent shall pay an arbitration fee in advance according to the Arbitration Fee Schedule of the Arbitration Commission.

    Article 18

    The Claimant may request to amend his claim whilst the Respondent may request to amend his counterclaim. However the arbitration tribunal may refuse such a request for amendment if it considers that it is too late to raise the request as the amendment may affect the normal process of the arbitration proceedings.

    Article 19

    The parties shall submit, in quintuplicate, application for arbitration, written defense, statement of counterclaim, relevant documentary evidence and other documents. If the number of the parties exceeds two, additional copies shall be submitted accordingly; if the arbitration tribunal is composed of only one member, two sets of copies may be saved.

    Article 20

    Neither the Respondent fails to file his defense in writing nor the Claimant fails to submit his written defense against the Respondent's counterclaim shall affect the process of the arbitration proceedings.

    Article 21

    The parties may authorize arbitration agents to deal with the matters relating to arbitration; the authorized attorney must produce a Power of Attorney to the Arbitration Commission.

    Chinese and foreign citizens can be authorized to act as arbitration agents.

    Article 22

    When a party applies for preservation of property, the Arbitration Commission shall submit the party's application to the maritime court at the place of the Respondent's domicile or at the place of the property subject to preservation. Where a party applies for preservation of maritime claim before the commencement of arbitration proceedings, he shall, according to the provisions of Chapter III of "Maritime Procedure Law of the People's Republic of China", submit the application direct to the maritime court at the place of the property subject to preservation.

    When a party applies for preservation of maritime evidence, the Arbitration Commission shall submit the party's application to the maritime court at the place where the evidence to be preserved is located. Where a party applies for preservation of maritime evidence before the commencement of arbitration proceedings, he shall, according to the provisions of Chapter V of "Maritime Procedure Law of the People's Republic of China", submit his application direct to the maritime court at the place where the evidence to be preserved is located.

    When a party applies for a maritime injunction, the Arbitration Commission shall submit the party's application to the maritime court at the place where the maritime dispute arises. Where a party applies for a maritime injunction before the commencement of the arbitration proceedings, he shall, according to the provisions of Chapter IV of "Maritime Procedure Law of the People's Republic of China", submit his application direct to the maritime court at the place where the maritime dispute arises.

    Article 23

    When a party applies for constitution of a limitation fund for maritime claims, the Arbitration Commission shall submit the party's application to the maritime court at the place of accident, the place of performance of the contract or the place of ship arrest. Where a party applies for constitution of a limitation fund for maritime claims before the commencement of the arbitration proceedings, he shall, according to the provisions of Chapter IV of "Maritime Procedure Law of the People's Republic of China", submit his application direct to the maritime court at the place of the accident, the place of performance of the contract or the place of ship arrest.

    Section 2 Formation of Arbitration Tribunal

    Article 24

    Each of the parties shall appoint one arbitrator from among the arbitrators on the Panel of the Arbitration Commission or entrust the Chairman of the Arbitration Commission to make such appointment. The third arbitrator shall be jointly appointed by the parties or appointed by the Chairman of the Arbitration Commission upon the parties' joint authorization.

    Where the Claimant or Respondent fails to appoint or fails to entrust the chairman of the Arbitration Commission to appoint an arbitrator respectively within 20 days from the day of receipt of the Notice of Arbitration, the Chairman of the Arbitration Commission shall make such appointment.

    In case the parties fail to jointly appoint or jointly entrust the Chairman of the Arbitration Commission to appoint the third arbitrator within 20 days from the date on which the Respondent receives the Notice of Arbitration, the third arbitrator shall be appointed by the Chairman of the Arbitration Commission. The third arbitrator shall act as the presiding arbitrator.

    The presiding arbitrator and the two arbitrators as appointed above shall jointly form an arbitration tribunal to jointly hear the case.

    Article 25

    Both parties may jointly appoint or jointly authorize the Chairman of the Arbitration Commission to appoint from the arbitrators on the Panel an arbitrator as the sole arbitrator to form an arbitration tribunal to hear the case alone.

    If both parties have agreed on the appointment of a sole arbitrator to hear their case alone but have failed to agree on the choice of such a sole arbitrator within 20 days from the day of receipt by the Respondent of the Notice of Arbitration, the Chairman of the Arbitration Commission shall make such an appointment.

    Article 26

    When there are two or more Claimants and/or Respondents 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 shall be made by the Chairman of the Arbitration Commission.

    Article 27

    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 28

    A party may make a request in writing to the Arbitration Commission for the withdrawal of an arbitrator from his office, if the party suspects the impartiality and independence of the said arbitrator, provided he shall state clearly the facts and reasons for his request for the withdrawal and evidence shall be given.

    Request for withdrawal of an arbitrator shall be put forward in writing no later than the first oral hearing. If the factors supporting the withdrawal occur or are made known after the first oral hearing, the request for withdrawal may be made before the end of the last hearing.

    Article 29

    The Chairman of the Arbitration Commission shall decide on the withdrawal of the challenged arbitrator.

    Before the Chairman of the Arbitration Commission makes a decision on whether the challenged arbitrator should be withdrawn, the arbitrator shall proceed with his function.

    Article 30

    If an arbitrator cannot perform his duty owing to withdrawal, demise, removal or other reasons, a substitute arbitrator shall be appointed in accordance with the procedure whereby the replaced arbitrator was appointed.

    After the appointment of the substitute arbitrator, the arbitration tribunal has discretion to decide whether the whole or part of the previous hearings shall be repeated.

    Section 3 Hearing

    Article 31

    The arbitration tribunal shall hold oral hearings when examining a case; however the arbitration tribunal may examine a case and render an award only on the basis of documentary evidence provided both parties request for or consent to it whilst the arbitration tribunal may also considers an oral hearing as unnecessary.

    Article 32

    The date of the first oral hearing shall be fixed by the arbitration tribunal in consultation with the Secretariat of the Arbitration Commission, and shall be communicated by the Secretariat to both parties 30 days before the date of the hearing. A party having justified reasons may request a postponement of the date of the hearing, provided his written request must be communicated to the Secretariat of the Arbitration Commission 12 days before the date of the hearing. The arbitration tribunal shall decide whether to postpone the hearing.

    Article 33

    The notice of the date of hearing subsequent to the first oral hearing is not subject to the 30-day time limit.

    Article 34

    The cases taken cognizance of by the Arbitration Commission shall be heard in Beijing, or may be heard in other places with the approval of the Secretary-General of the Arbitration Commission.

    Where the place of arbitration has been agreed on by the parties, the oral hearing of the arbitration case shall be held in the agreed place.

    Article 35

    The arbitration tribunal shall not hear cases in open session. If both parties request a hearing to be held in open session, the arbitration tribunal shall decide whether to hold the hearing in open session.

    Article 36

    When a case is heard in closed session, no substantive or procedural matters of the case shall be disclosed to outsiders by the parties, their attorneys, witnesses, arbitrators, experts consulted by or appraisers appointed by the arbitration tribunal and the relevant staff-members of the Secretariat of the Arbitration Commission.

    Article 37

    The parties shall produce evidence for the facts underlying their claim, defense and counterclaims. The arbitration tribunal may undertake investigations and collect evidence on its own initiative, if it considers it necessary.

    If the arbitration tribunal investigates and collects evidence on its own initiative, it shall timely inform the parties of their presence on the spot if it considers it necessary. Should one party or both parties fail to appear on the spot, the investigation and collection of evidence by the arbitration tribunal shall by no means be affected.

    Article 38

    Evidence shall be questioned by the parties at oral hearings, except that both parties agree to examine the case on the basis of documentary evidence or that evidence shall be questioned in writing.

    Where a party submits, with the approval of the arbitration tribunal, supplementary written evidence after an oral hearing, arbitration tribunal shall forward the evidence to the other party and give him the opportunity to make his comments.

    Article 39

    The arbitration tribunal may consult an expert or appoint an appraiser for their expertise or appraisal on special issues relating to the case. Such an expert or appraiser may be a Chinese or foreign organization or a citizen.

    The arbitration tribunal is entitled to request the parties who are also obligated to submit or produce to the expert or appraiser any materials, documents, property or goods related to the case for check-up, inspection and/or appraisal. The arbitration tribunal shall, after making duplicate copies or effective records of the evidence, return in time the original evidence submitted by the party.

    Article 40

    The report prepared by the expert or the appraiser shall be copied to the parties so that they 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 give explanations of their reports when the arbitration tribunal considers it necessary and appropriate.

    Article 41

    The evidence submitted by the parties shall be examined and approved by the arbitration tribunal. The adoption of the report prepared by the expert or the appraiser shall be determined by the arbitration tribunal.

    Article 42

    Should the Claimant fail, without justifiable reason, to appear at the oral hearing he has been informed of by a written notice or withdraw halfway from the hearing without the approval of the arbitration tribunal, the arbitration tribunal may regard it as withdrawal of the application for arbitration, and in case the Respondent has laid a counterclaim, an award by default can be made. Should the Respondent fail, without justifiable reason, to appear at the hearing he has been informed of by a written notice or withdraw midway from the hearing without approval of the arbitration tribunal, an award by default may be rendered, and in case the Respondent has laid counterclaim, the counterclaim may be regarded as withdrawn.

    Article 43

    During the oral hearing, the arbitration tribunal may minute down and/or make tape-recording of the hearing. The arbitration tribunal may, after the hearing, make a summary of the minute stating the main points of the hearing when it considers it necessary and ask the parties and/or their attorneys, witnesses and/or other persons involved to sign and/or affix their seals to the summary minute.

    The minute and the tape-recording of the oral hearing are only for reference by the arbitration tribunal.

    Article 44

    The parties shall submit written documents and evidence in accordance with requirements of the arbitration tribunal within the prescribed time; and the arbitration tribunal is entitled to decide whether to accept the documents and evidence submitted by a party after the prescribed time.

    Article 45

    Where a person other than the parties to the arbitration case considers he has a legal interest, in the conclusion of the case in relation to the claim or counterclaim submitted by any of the parties, the person may, after concluding an agreement with both parties, apply, with the approval of the arbitration tribunal, for participation as a party in the arbitration case.

    Article 46

    Where two or more arbitration cases involve same matter of fact, the arbitration tribunal may consolidate the cases, if the arbitration tribunal considers it appropriate, after obtaining the consent of all parties concerned. The presiding arbitrators of each case shall select a person from among themselves who will chair an oral hearing, while the awards for the case shall be made separately.

    Article 47

    The arbitration tribunal may, at the request of a party, decide to suspend the arbitration proceedings under one of the following occurrences:

    (1) the parties are working for an amicable settlement by themselves;

    (2) the case under arbitration must depend on the conclusion of another case which has not been decided;

    (3) a party is unable to participate in the arbitration on account of force majeure;

    (4) other occurrences which may suspend thearbitration proceedings.

    Article 48

    If the parties to an arbitration case 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 request for a dismissal of the case if the request is made before the formation of the arbitration tribunal, and the arbitration tribunal shall decide if the request is put forward 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.

    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 legally an arbitration award in accordance with the contents of the settlement agreement.

    Article 49

    A 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 deemed to have waived his right to object.

    Article 50

    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 51

    The arbitration tribunal may conciliate cases in the manner it considers appropriate.

    Article 52

    The arbitration tribunal shall terminate conciliation 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 53

    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 considered as one which has been reached through conciliation by the arbitration tribunal.

    Article 54

    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 shall conclude the case by making an award in accordance with the contents of the settlement agreement unless otherwise agreed by the parties.

    Article 55

    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 by the other party as grounds for any claim, defense and/or counterclaim in the subsequent arbitration proceedings, judicial proceedings or any other proceedings.

    Section 4 Award

    Article 56

    The arbitration tribunal shall render an 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 the request justifiable and really necessary. In case of a decision made by the arbitration tribunal on the suspension of the arbitration proceedings, the time required for such suspension shall not be counted into the time limit.

    Article 57

    The arbitration tribunal shall independently and impartially make its 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 58

    Where a case is heard by an arbitration tribunal composed of three arbitrators, the award shall be rendered in accordance with the opinion of the majority of the arbitrators and the minority opinion may be noted down and filed.

    When the arbitration tribunal cannot attain a majority opinion, the award shall be rendered in accordance with the presiding arbitrator's opinion.

    Article 59

    The arbitration tribunal shall state in the award the claims, the facts of the dispute, the reasons for making the award, the result of the award, the allocation of the arbitration fees and costs, the date and the place of the award. The facts of the dispute and the reasons for making the award may not be stated in the award if the parties have so agreed or the award is made in accordance with the contents of the agreement on amicable settlement reached between the parties.

    Article 60

    Unless the award is made in accordance with the opinion of the presiding arbitrator or the sole arbitrator, the award shall be signed by the majority arbitrators sitting on the arbitration tribunal. An arbitrator who has a dissenting opinion may or may not sign on the award.

    The arbitrators shall submit their draft award to the Arbitration Commission before signing the award. The Arbitration Commission may remind the arbitrators of any issue related to the form of the award provided that the arbitrator's independence in respect of making a decision is not affected.

    The official seal of the Arbitration Commission shall be affixed to the award.

    The date on which the award is made is the date on which the award comes into legal effect.

    Article 61

    The arbitration tribunal may, at any time in the course of arbitration before the final award is made, make an interlocutory award or a partial award on any issue of the case if it considers it necessary or agrees to such a request made by a party. Either party's failure to perform the interlocutory award does not affect the continuation of the arbitration proceedings and the making of the final award by the arbitration tribunal.

    Article 62

    The arbitration tribunal has the power to determine in the award the arbitration fee and other expenses to be eventually paid by the party or the parties to the Arbitration Commission.

    Article 63

    The arbitration tribunal has the power to decide in the 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 64

    The 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 award.

    Article 65

    Either party may request in writing that a correction be made to the writing, typing, calculating and similar errors contained in the award within 30 days from the date of receipt of the award; if there is really an error in the 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 by itself make a correction in writing within 30 days from the date on which the award is issued. The correction in writing forms a part of the award.

    Article 66

    In case anything that should be awarded has been omitted in the 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 award is received.

    If something which should be awarded is really omitted, the arbitration tribunal shall make an additional award within 30 days from the date of receipt of the request in writing for an additional award. The arbitration tribunal may by itself make an additional award within 30 days from the date on which the award is issued. The additional award forms a part of the award which has been previously issued.

    Article 67

    The parties must automatically execute the award within the time limit specified in the award. If no time limit is specified in the award, the parties shall carry out the award immediately.

    In case one party fails to execute the award, the other party may apply to the Chinese court for enforcement of the award pursuant to Chinese law or apply to the competent foreign court for enforcement of the award according to the 1958 Convention on Recognition and Enforcement of Foreign Arbitral Awards or other international treaties that China has concluded or acceded.

    Chapter III Summary Procedure

    Article 68

    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 ( inclusive of RMB 500,000 yuan, but exclusive of interest).

    This Summary Procedure shall also apply to cases where the amount of the claim totals more than RMB 500,000 Yuan provided that one party applies for and the other party agrees to it.

    Article 69

    Where an application for arbitration submitted by the Claimant to the Arbitration Commission is accepted after examination by the Arbitration Commission and the Summary Procedure is applicable, the Secretariat of the Arbitration Commission shall immediately serve a Notice of Arbitration to each of the parties.

    Both parties shall jointly appoint or jointly entrust the Chairman of the Arbitration Commission to appoint one sole arbitrator from the arbitrators on the Panel of the Arbitration Commission 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 within the time limit, the Chairman of the Arbitration Commission shall immediately appoint one sole arbitrator to form an arbitration tribunal to hear the case.

    Article 70

    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 Arbitration Commission; a counterclaim, if any, shall be lodged together with documentary evidence within the said time limit.

    Article 71

    The arbitration tribunal may hear the case in the way it considers appropriate. The arbitration tribunal has discretion to hear the case only on the basis of the written materials and evidence submitted by the parties or to hold an oral hearing.

    Article 72

    The parties shall hand in written materials and evidence needed for the arbitration in compliance with the requirements of, and within the time limit given by, the arbitration tribunal. The arbitration tribunal is entitled to decide whether to accept the documents submitted by the party beyond the time limit.

    Article 73

    Where a case is to be heard orally, the Secretariat of the Arbitration Commission shall, after the arbitration tribunal fixed a date for the hearing, inform the parties of the date of the hearing 15 days before the date of the hearing.

    Article 74

    If the arbitration tribunal decides to hear the case orally, only one oral hearing shall be held. However, the arbitration tribunal may hold a second hearing if really necessary.

    Article 75

    Should one of the parties fail to act in compliance with this Summary Procedure during summary proceedings, such failure shall not affect the process of the proceedings and the power of the arbitration tribunal to render an award.

    Article 76

    Neither modification of the claim nor the lodgment of a counterclaim shall affect the process of the summary proceedings, except that the amount of the modified claim or of the counterclaim contravenes the provisions of Article 68.

    Article 77

    Where a case is heard orally, the arbitration tribunal shall make an award within 30 days from the date of the oral hearing or from the date of the second oral hearing if any. Where a case is examined on the basis of documents only, the arbitration tribunal shall render an award within 90 days from the date of the formation of the arbitration tribunal. The Secretary-General of the Arbitration Commission may, at the request of the arbitration tribunal, extend the said time limit if he considers such extension is necessary and justifiable.

    Article 78

    For matters not covered in this Chapter, the relevant provisions in the other Chapters of these Rules shall apply.

    Chapter IV Supplementary Provisions

    Article 79

    The Chinese language is the official language of the Arbitration Commission. If the parties have otherwise agreed, their agreement shall prevail.

    At the oral hearing, if the parties or their attorneys or witnesses require language interpretation, the Secretariat of the Arbitration Commission may provide an interpreter for them or the parties may retain their own interpreters.

    The arbitration tribunal or the Secretariat of the Arbitration Commission may, if it considers it necessary, request the parties to furnish it with corresponding translation copies in Chinese language or other languages of the documents and evidential materials submitted by the parties.

    Article 80

    All the arbitration documents, notices and materials may be sent in person to the parties or their attorneys, or by registered letter or express airmail, telefax, telex, cable or by any other means which are deemed proper by the Secretariat of the Arbitration Commission.

    Article 81

    Any written communication to the parties is deemed 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 none of these can be found after making a reasonable inquiry, a written communication is deemed to have been served if it 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 82

    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 and the fees and expenses for experts, appraisers and interpreters etc. appointed by the arbitration tribunal.

    If a case is withdrawn after the parties have reached between themselves an amicable settlement, 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 83

    Where it is explicitly stipulated by the parties to a maritime dispute in an arbitration agreement or an arbitration clause contained in the contract that arbitration to be conducted by China Maritime Arbitration Commission, or by its former named Maritime Arbitration Commission of the China Council for the Promotion of International Trade, or by CCPIT/China Chamber of International Commerce, it shall be considered that the parties have unanimously agreed that the arbitration shall be conducted by China Maritime Arbitration Commission .

    Article 84

    These Rules shall come into force as from January 1, 2001. For cases which have been taken cognizance of by the Arbitration Commission before the date on which these Rules become effective, the Rules of Arbitration effective on the date when the cases were taken cognizance of shall continue to apply; however, these Rules shall be applied thereto if the parties so agree.

    Article 85

    The power to interpret these Rules is vested in the Arbitration Commission.

    CHINA MARITIME ARBITRATION COMMISSION
    ARBITRATION FEE SCHEDULE

    (Effective as from January 1, 2001)

    Amount in Dispute (Renminbi Yuan)

    Arbitration Fee (Renminbi Yuan)

    100,000 or less

    4% of the amount of claim, but not less than £¤2,000

    100,000-500,000

    £¤4,000 plus 3.5% of the excess over £¤100,000

    500,000-1,000,000

    £¤18,000 plus 3% of the excess over £¤500,000

    1,000,000-5,000,000

    £¤33,000 plus 2.5% of the excess over £¤1,000,000

    5,000,000-10,000,000

    £¤133,000 plus 2% of the excess over £¤5,000,000

    10,000,000-50,000,000

    £¤233,000 plus 1% of the excess over £¤10,000,000

    50,000,000 or more

    £¤633,000 plus 0.5% of the excess over £¤50,000,000

    When applying for arbitration,£¤10,000 shall be collected for filing a case including the fee for examination of the application for arbitration, filing the case, imputing the case into and using the computer programme, placing the case on file etc..

    If no amount of claim is stated or extraordinary circumstance prevails when applying for arbitration, the amount of arbitration fee shall be determined by the Secretariat of the Arbitration Commission.

    Where the arbitration fee is charged in foreign currency, an amount of foreign currency equivalent to corresponding RMB value specified in this Schedule shall be collected.

    In addition to the collection of arbitration fee according to this Schedule, the Arbitration Commission may, according to the relevant provisions of these Arbitration Rules, collect other extra, reasonable actual expenses.