(Revised and Adopted by China Council for the
Promotion of International Trade /China Chamber of International
Commerce on September 5, 2000. Effective as from October 1,
2000.)
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.