基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中国国际经济贸易仲裁委员会仲裁规则(2000年修订) China International Economic and Trade Arbitration Commission, Arbitration Rules (2000 Revision)

2006-05-13 17:19   我要纠错 | 打印 | 收藏 | | |

(Revised and adopted by the China International Economic and Trade Arbitration Commission and the China Chamber of International Commerce on 5 September 2000 and effective as of 1 October 2000.)
颁布日期:20000905  实施日期:20001001  颁布单位:中国国际经济贸易仲裁委员会

  PART ONE GENERAL PROVISIONS

  Section One: Jurisdiction

  Article 1 These Arbitration Rules are formulated in accordance with the PRC, Arbitration Law and relevant laws as well as the Decisions of the former Administrative Council of the Central People's Government, and Circulars and Official Replies of the State Council.

  Article 2 The China International Economic and Trade Arbitration Commission (originally named Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, later renamed as Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, and presently called China International Economic and Trade Arbitration Commission, hereafter, the Arbitration Commission) independently and impartially resolves, by means of arbitration, disputes arising from economic and trade transactions, whether contractual or non-contractual.

  The disputes stated in the preceding paragraph include:

  1. international or foreign-related disputes;

  2. disputes related to the Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan regions;

  3. disputes between foreign investment enterprises and disputes between an enterprise with foreign investment and another Chinese legal person, natural person and/or economic organization;

  4. disputes involving project financing, invitation of tenders, submission of tenders, construction and other activities conducted by Chinese legal persons, natural persons and/or other economic organizations through utilizing capital, technology or service from foreign countries, international organizations or the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan regions; and

  5. disputes that laws or administrative regulations of the People's Republic of China specially require or specially authorize the Arbitration Commission to take cognizance of.

  6. other disputes within China that the parties concerned agree shall go to the Arbitration Commission.

  The Arbitration Commission shall not accept the following types of disputes:

  1. matrimonial, adoption, guardianship, alimony or inheritance disputes;

  2. administrative disputes that should in accordance with the law be handled by the administrative authorities; and

  3. labour disputes, and disputes over agricultural contracts within agricultural collective economic organizations.

  Article 3 The Arbitration Commission shall accept a case on the basis of an arbitration agreement on the referral of the dispute to the Arbitration Commission for arbitration reached between the parties concerned before or after the dispute arises, and on the basis of a written application of any one party.

  An arbitration agreement shall refer to the arbitration clause specified in a contract by the parties concerned, or a written agreement on arbitration reached in other forms.

  Article 4 The Arbitration Commission shall have the right to decide on the existence or validity of an arbitration agreement and the jurisdiction over an arbitration case. Where the parties concerned have any objections against the validity of an arbitration agreement and if one party petitions the Arbitration Commission to make a decision while the other party petitions a People's Court to make a award, then a award shall be made by the People's Court.

  Article 5 The arbitration clauses of a contract shall be deemed as separate and independent of other clauses in the same contract. An arbitration agreement attached to a contract shall also be deemed as a separate and independent part from other clauses in the contract. The validity of arbitration clauses or an arbitration agreement shall not be affected by the alteration, rescission, termination, nullification, invalidity or existence of the contract.

  Article 6 Defence against an arbitration agreement and/or the jurisdiction over an arbitration case shall be raised before the opening of the first session of an arbitration tribunal. Defence against the jurisdiction over a case to be examined in writing shall be raised before the first actual response is made.

  Defence raised against an arbitration agreement and/or the jurisdiction over an arbitration case shall not affect the hearing of the case in accordance with the arbitration procedure.

  Article 7 Once the parties agree to submit their dispute to the Arbitration Commission for arbitration, it shall be deemed that they have agreed to conduct the arbitration under these Arbitration Rules. In case the parties have agreed otherwise and the Arbitration Commission agrees thereto, the parties' agreement shall prevail.

  Section Two: Organization

  Article 8 The Arbitration Commission shall have an honorary chairman and a number of advisors.

  Article 9 The Arbitration Commission shall be composed of a chairman, a number of vice-chairmen and a number of members. The chairman shall perform the duties endowed by these Arbitration Rules and the vice-chairmen may perform the duties of the chairman if they are so entrusted by the chairman.

  The Arbitration Commission shall have a secretarial bureau to handle the routine affairs of the commission under the leadership of the secretary-general of the commission.e

  Article 10 The Arbitration Commission shall maintain a panel of arbitrators who shall be appointed by the Arbitration Commission from among Chinese and foreigners with expertise and practical experience in law, economic relations, trade, science, technology and other sectors.

  Article 11 The Arbitration Commission shall be headquartered in Beijing with a sub-commission set up in Shenzhen and in Shanghai. The sub-commissions shall be integral parts of the Arbitration Commission.

  Each of the sub-commissions of the Arbitration Commission shall have a secretarial office to handle the routine affairs of the sub-commissions under the leadership of the secretary-general of the sub-commissions.

  These Arbitration Rules shall apply to the Arbitration Commission and its sub-commissions alike. When arbitration is proceeded at a sub-commission, the duties prescribed to be performed by the chairman of the Arbitration Commission and the secretary-general or the secretarial bureau of the Arbitration Commission respectively shall be performed by the vice-chairman authorized by the chairman of the Arbitration Commission and the secretary-general or the secretarial office of the sub-commission respectively, except where Article 30 of these Rules applies.

  Article 12 The parties concerned may reach an agreement to have their dispute arbitrated by the Arbitration Commission in Beijing or by the sub-commissions of the Arbitration Commission in Shenzhen or Shanghai. In the absence of such an agreement, the claimant shall decide to choose the place where the dispute shall be arbitrated, in Beijing, Shenzhen or Shanghai. The first choice of the place shall be final. Should any dispute arise in regard to the place of arbitration, the Arbitration Commission shall make a decision.

  PART TWO ARBITRATION PROCEEDINGS

  Section One: Arbitration Application, Defence and Counterclaim

  Article 13 Arbitration proceedings shall start from the date of the issue of an arbitration notice by the Arbitration Commission or its sub-commissions.

  Article 14 In applying for arbitration, the claimant shall:

  1. submit an application which shall specify:

  (1) the names and addresses (postal code, telephone numbers, telex numbers, facsimile numbers or cable code, if any) of the claimant and the respondent(s);

  (2) the arbitration agreement on which the claimant is based;

  (3) the situation of the case and the major points in the dispute; and

  (4) claims of the claimant as well as the facts and evidence on which the claims are based.

  The application for arbitration shall be affixed with the signature and/or seal of the claimant and/or the attorney authorized by the claimant.

  2. attach to the arbitration application the documents substantiating the facts on which the claims of the claimant are based; and

  3. pay the arbitration fee in advance to the Arbitration Commission according to the arbitration fee charging table formulated by the Arbitration Commission.

  Article 15 After the arbitration application of the claimant and the documents attached are received, the Arbitration Commission shall examine them and where it deems that the procedures are not complete, it may ask the claimant to complete the procedures, and where it deems that the procedures are complete, it shall issue immediately an arbitration notice to the respondent(s), along with a copy of the arbitration application of the claimant, the documents attached, the Arbitration Rules, a list of the panel of arbitrators and the arbitration fee charging table. It shall also issue an arbitration notice, along with a copy of the Arbitration Rules, a list of the panel of arbitrators and the arbitration fee charging table to the claimant.

  After the issuance of an arbitration notice to the claimant and the respondent(s), the Arbitration Commission shall assign a member of the secretarial bureau to be in charge of the procedural administration of the arbitration case.

  Article 16 The claimant and the respondent(s) shall each select an arbitrator from the list of the panel of arbitrators, or entrust the appointment to the chairman of the Arbitration Commission within 20 days from the date of receipt of the arbitration notice.

  Article 17 The respondent(s) shall, within 45 days from the date of receipt of the arbitration notice, submit to the secretarial bureau of the Arbitration Commission a letter of defence and relevant supporting documents.

  Article 18 The respondent(s) shall file a counterclaim in writing, if any, with the Arbitration Commission within 60 days at the latest from the date of receipt of the arbitration notice. Such time limit may be extended appropriately where the arbitration tribunal deems that there is a proper reason.

  In filing a counterclaim, the respondent(s) shall specify in writing the specific counterclaim, the reasons of the counterclaim as well as the facts and evidence on which the counterclaim is based, together with the relevant documents on the evidence.

  In filing a counterclaim, the respondent(s) shall pay the prescribed amount of arbitration fee in advance according to the arbitration fee charging table.

  Article 19 A claimant may revise his claims and a respondent may also revise his counterclaims. However, the arbitration tribunal may refuse such revision requests if it deems the revisions in question are so late that they affect the normal progress of the arbitration proceedings.

  Article 20 In submitting an arbitration application, a letter of defence, a counterclaim letter, relevant documentary evidence and other documents, the parties concerned shall prepare five copies. If there are more than two concerned parties, the number of copies submitted shall be increased accordingly. If the arbitration tribunal has only one arbitrator, the number of copies submitted may be decreased by two.

  Article 21 Failure to provide a letter of defence in writing by a respondent and/or failure to provide a letter of defence in writing against the counterclaims of the respondent by a claimant shall not affect the progress of the arbitration proceedings.

  Article 22 The parties concerned may authorize arbitration attorneys to handle affairs concerning arbitration. Authorized arbitration attorneys shall present the power of attorney to the Arbitration Commission.

  Both Chinese citizens and foreign citizens may be authorized to act as arbitration attorneys.

  Article 23 When a party applies for property preservative measures, the Arbitration Commission shall transmit the party's application for a ruling to the people's court of the place where the domicile of the party against whom the property preservative measures are sought is located or of 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 transmit the party's application for a ruling to the people's court of the place where the evidence is located.

  Section Two: Composition of an Arbitration Tribunal

  Article 24 The two parties shall each choose one arbitrator from the list of the panel of arbitrators of the Arbitration Commission or entrust the appointment to the chairman of the Arbitration Commission. A third arbitrator shall be chosen jointly by the two parties or appointed by the chairman of the Arbitration Commission with joint entrustment by the two parties.

  If the two parties fail to jointly choose 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 of receipt of an arbitration notice by the respondent, the third arbitrator shall be appointed by the chairman of the Arbitration Commission. The third arbitrator shall act as the chief arbitrator.

  The chief arbitrator and the other two chosen or appointed arbitrators shall form an arbitration tribunal for jointly hearing the case.

  Article 25 The two parties concerned may jointly choose an arbitrator from the list of the panel of arbitrators of the Arbitration Commission or jointly entrust the chairman of the Arbitration Commission to appoint an arbitrator as the sole arbitrator to form an arbitration tribunal to hear the case alone.

  If the two parties agree on the joint appointment of a sole arbitrator to hear their case alone, but fail to agree unanimously on the choice of such arbitrator within 20 days from the date of receipt of the arbitration notice by the respondent, the chairman of the Arbitration Commission shall appoint such arbitrator.

  Article 26 Where a claimant or respondent fails to choose an arbitrator or entrust the chairman of the Arbitration Commission to appoint an arbitrator according to the provisions of Article 16 of these Arbitration Rules, the chairman of the Arbitration Commission shall appoint an arbitrator.

  Article 27 When there are two or more claimants and/or respondents in an arbitration case, the claimants and/or respondents shall each choose an arbitrator from the list of the panel of arbitrators of the Arbitration Commission through consultations between the claimants and/or respondents.

  If the claimants fail to jointly choose an arbitrator when an arbitration application is filed, and/or the respondents fail to jointly choose an arbitrator within 20 days from the date of receipt of the arbitration notice by the last respondent, the chairman of the Arbitration Commission shall appoint an arbitrator for them.

  Article 28 Where the chosen or appointed arbitrator has personal interests in a case, he shall disclose such interests to the Arbitration Commission by himself and ask for withdrawal.

  Article 29 When a party concerned is doubtful with proper reasons about the justice and independence of an arbitrator appointed or chosen, the party may file a written application with the Arbitration Commission, requiring the withdrawal of the arbitrator by stating the specific facts and reasons on which his application is based, and providing evidence.

  The request for withdrawal of the arbitrator shall be raised before the first hearing. If the reasons for requiring withdrawal arise and are known after the first hearing, the request may be raised before the end of the last hearing.

  Article 30 The chairman of the Arbitration Commission shall decide on whether the arbitrator in question shall be withdrawn or not.

  The arbitrator whose withdrawal has been requested shall continue to perform his duties until the chairman of the Arbitration Commission has decided whether or not the arbitrator should be withdrawn.

  Article 31 When an arbitrator is unable to perform his duties due to withdrawal, death, removal of his name or other reasons, a replacement arbitrator shall be chosen or appointed according to the original procedures for choosing or appointing such arbitrator.

  After the replacement arbitrator is chosen or appointed, the arbitration tribunal shall decide whether or not the whole hearing or part of the hearing previously carried out shall need to be restarted.

  Section Three: Hearing

  Article 32 The arbitration tribunal shall hold oral hearing of cases in the public. However, where it considers hearing in the public is not necessary upon application or agreement by the two parties concerned, it may examine cases and pass an award on the basis of written documents only.

  Article 33 The date of the first oral hearing of an arbitration case in the public shall be notified by the secretarial bureau of the Arbitration Commission to the two parties concerned 30 days before the date of hearing after it has been decided upon by the arbitration tribunal following consultations with the secretarial bureau. With justifiable reasons, a party concerned may request for postponement of the hearing, but such request shall be raised in writing with the secretarial bureau 12 days before the date of hearing. The decision on the postponement of a hearing shall be made by the arbitration tribunal.

  Article 34 The notice for the date of hearings following the first hearing shall not be subject to the 30 day limit.

  Article 35 In case the parties have agreed on the place of arbitration, the hearing of the case shall be conducted in the agreed place. Unless otherwise agreed by the parties, the cases taken cognizance of by the Arbitration Commission shall be heard in Beijing or, subject to the approval of the secretary-general of the Arbitration Commission, in other places. The cases taken cognizance of by a sub-commission of Arbitration Commission shall be heard in the place where the sub-commission is located or, subject to the approval of the secretary-general of the sub-commission, in other places.

  Article 36 The arbitration tribunal shall hear cases in private sessions. If the parties concerned request the case be heard in open sessions, the arbitration tribunal shall decide on whether or not the case shall be heard in open sessions.

  Article 37 For cases heard in private sessions, the parties concerned and their arbitration attorneys, witnesses, arbitrators, consulting experts of the tribunal, designated appraisers and related persons of the Arbitration Commission's secretarial bureau may not disclose to the public the real situation of the case and details of the proceedings.

  Article 38 The parties concerned shall provide evidence for the facts on which their claims, defences and counterclaims are based. The arbitration tribunal may, if it deems it necessary, investigate the facts and collect evidence on its own initiative.

  In investigating facts or collecting evidence, where the arbitration tribunal considers it is necessary to notify the parties concerned to be present, it shall do so in a timely manner. Where a party or two parties concerned is (are) not present, the action of the arbitration tribunal to carry out investigations or collect evidence shall not be affected by them.

  Article 39 The arbitration tribunal shall consult experts about some technical issues involved in a case or appoint appraisers to appraise such issues. Such experts or appraisers may be Chinese or foreign organizations or citizens.

  The arbitration tribunal shall have the right to request the parties concerned and such parties shall have the obligations to provide or produce to experts/appraisers any related information, documents, property or goods for browsing, inspection and/or appraisal by experts and/or appraisers.

  Article 40 Copies of the expert report and appraisal report shall be sent to the two parties concerned so that the two parties are given the opportunity to express their comments on the reports. Where any party requests the expert/appraiser to be present at the hearing, such expert/appraiser may be present upon the approval of the arbitration tribunal, and shall give explanations of their reports when the tribunal deems the circumstances necessary and appropriate.

  Article 41 The arbitration tribunal shall examine the evidence provided by the parties concerned and decide upon whether or not to adopt the expert report and appraisal report.

  Article 42 If a party concerned fails to be present at the hearing, the arbitration tribunal shall proceed with the hearing and make an award by default.

  Article 43 During hearing, the arbitration tribunal may take minutes and/or make tape-recordings. The arbitration tribunal may, if it deems it necessary, make summary of the hearing and order the parties and/or their attorneys or witnesses and/or other persons involved to sign or seal on the summary of the hearing.

  Minutes and tape-recordings of the hearing shall be for the arbitration tribunal's reference only.

  Article 44 If the two parties concerned reach a settlement by themselves outside the arbitration tribunal on an arbitration case, they may ask the arbitration tribunal to make an award and close the case according to the agreement reached, or may ask for dismissing the case.

  Where the application for dismissal of the case is filed before the arbitration tribunal is formed, the secretary-general of the Arbitration Commission shall make a decision. Where the application for dismissal of the case is filed after the arbitration tribunal is formed, the arbitration tribunal shall make a decision.

  When the party concerned refers a dismissed case to the Arbitration Commission for arbitration again, the chairman of the Arbitration Commission shall make a decision on whether or not to accept the case.

  If the parties concerned reach a settlement through mediation outside the Arbitration Commission they may on the basis of the arbitration agreement reached through the Arbitration Commission and the other settlement ask the Arbitration Commission to designate an independent arbitrator to make a decision in accordance with the contents of the settlement.

  Article 45 If the two parties concerned wish to reach mediation or one party concerned wishes to reach mediation and the consent of the other party is obtained through the arbitration tribunal, the arbitration tribunal may conduct mediation of the case being heard during the process of the arbitration proceedings.

  Article 46 The arbitration tribunal may conduct mediation by the way it deems appropriate.

  Article 47 During the process of mediation in an arbitration tribunal, when a party concerned requests the termination of mediation or when the arbitration tribunal deems that it is impossible to reach mediation, the mediation shall be terminated.

  Article 48 Where the two parties concerned reach reconciliation outside the arbitration tribunal during the process of mediation, the reconciliation shall be regarded as having been reached as a result of the mediation by the arbitration tribunal.

  Article 49 Where reconciliation is reached as a result of the mediation by the arbitration tribunal, the parties concerned shall sign a written reconciliation agreement. The arbitration tribunal shall pass an award and close the case in accordance with the contents of the reconciliation agreement reached by the two parties, except otherwise agreed upon by the parties concerned.

  Article 50 Should mediation fail, any party may not, in the subsequent arbitration, judicial or other proceedings, quote any statements, opinions, view-points or suggestions that have been expressed, raised, proposed, admitted, accepted or denied by the other party or the arbitration tribunal during the arbitration proceedings, as the basis for claims, defences and/or counterclaims.

  Article 51 Where a party concerned knows or shall have known that these Arbitration Rules or any clauses or details of an arbitration agreement have not been observed by the other party, but still participates in the arbitration proceedings or continues with the arbitration proceedings without raising any objections in writing timely and explicitly against the non-observance, he shall be regarded as having waived the right to raise his objections.

  Section Four: Award

  Article 52 The arbitration tribunal shall render an arbitration award within nine months from the date of its formation. At the request of the tribunal, the period may be extended where the Arbitration Commission's secretary-general deems it really necessary and there are really justifiable reasons.

  Article 53 The arbitration tribunal shall make a award independently and fairly according to facts and the provisions of laws and contracts as well as in reference to international practices and in observance of the principles of fairness and reasonableness.

  Article 54 With respect to a case heard by an arbitration tribunal of three arbitrators, an arbitration award shall be made on the basis of the opinions of all or the majority of the arbitrators. The opinions of the minority of arbitrators may be attached as a record.

  When an arbitration tribunal fails to make an award by the majority, an arbitration award shall be made on the basis of the opinions of the chief arbitrator.

  Article 55 An arbitration award rendered by the arbitration tribunal shall clearly state the arbitration claim, facts of disputes, reasons on which the award is based, result of the award, payment of the arbitration fee as well as the date and place of making the award. Where the parties concerned do not wish to clearly state the facts of disputes and reasons on which the award is based following an agreement, or where an award is made in accordance with the contents of a conciliation agreement reached between the two parties, the facts of disputes and reasons on which the award is based may not have to be stated.

  Article 56 Unless the arbitral award is made in accordance with the opinion of the chief arbitrator or the sole arbitrator, the arbitral award shall be signed by all the arbitrators or the majority arbitrators sitting on the arbitration tribunal. An arbitrator who has a dissenting opinion may sign or not sign his name on the arbitration award.

  The arbitrator shall submit his 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 arbitration award on condition that the arbitrator's independence of decision is not affected.

  The Arbitration Commission's official seal shall be affixed to the arbitration award.

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

  Article 57 The arbitration tribunal may, if it deems it necessary or the parties concerned so request with the approval of the arbitration tribunal, make an interlocutory or partial award on any issue involved in a case at any time during the arbitration process before making the final award. Failure of any party to perform the interlocutory award shall not affect the continuation of the arbitration proceedings or the making of the final award by the arbitration tribunal.

  Article 58 The arbitration tribunal shall have the right to decide in an arbitration award on the final arbitration fees and other expenses the two parties shall pay to the Arbitration Commission.

  Article 59 The arbitration tribunal shall have the right to decide in an arbitration award on payment of part of the justifiable expenses by the losing party as a compensation to the winning party for handling the case. However, the amount of compensation shall not exceed ten percent of the amount involved in the case won by the winning party.

  Article 60 The arbitration award shall be final and binding to both parties. No party may bring a suit before a law court or make a request to any other organization for altering the arbitration award.

  Article 61 Any party concerned may apply in writing to the arbitration tribunal for correcting any errors in writing, topography or computation or other errors of a similar nature contained in an arbitration award within 30 days from the date of receipt of the arbitration award. If there are indeed errors, the arbitration tribunal shall make the corrections in writing within 30 days from the date of receipt of the application. The arbitration tribunal may also make the corrections in writing on its own initiative within 30 days from the date of delivery of the arbitration award. Such corrections shall form a part of the arbitration award.

  Article 62 If any matter is found to have been left out in an arbitration award, any party may request in writing the arbitration tribunal to make a supplementary award on the matter left out in the arbitration award within 30 days from the date of receipt of the arbitration award.

  If any matter has been proved to have been left out in the arbitration award, the arbitration tribunal shall make a supplementary award within 30 days from the date of receipt of the request. The arbitration tribunal may also make a supplementary award on its own initiative within 30 days from the date of delivery of the arbitration award. The supplementary award shall form a part of the original arbitration award.

  Article 63 The parties concerned shall automatically perform the award within the time limit specified in the arbitration award. Where no time limit is specified in the arbitration award, the parties shall perform the award immediately.

  Where one party fails to perform the award, the other party may, pursuant to the Chinese law, apply to a Chinese court for enforcement of the award or apply to a foreign court that has the jurisdiction for enforcement of the award according to the 1958 Recognition and Enforcement of Foreign Arbitration Awards Convention or other international treaty(ies) that China has concluded or acceded to.

  PART THREE SUMMARY PROCEEDINGS

  Article 64 Unless otherwise agreed upon by the parties concerned, these summary proceedings shall apply to disputes involving less than Rmb 500,000 or disputes involving more than Rmb 500,000 in respect of which an written application has been filed by one party and a written consent of the other party obtained.

  Article 65 Where an applicant files an application for arbitration with the Arbitration Commission and such application is acceptable and applicable to summary proceedings upon examination, the secretarial bureau of the Arbitration Commission shall immediately issue a notice of arbitration to the parties concerned.

  Unless the parties concerned have already jointly selected a sole arbitrator from the panel of arbitrators of the Arbitration Commission, they shall, within 15 days from the date of receipt of the arbitration notice, jointly select a sole arbitrator or jointly entrust the chairman of the Arbitration Commission to appoint a sole arbitrator from the panel of arbitrators of the Arbitration Commission. Where the two parties concerned fail to make the joint selection or joint appointment entrustment within the time limit, the chairman of the Arbitration Commission shall immediately appoint a sole arbitrator to form an arbitration tribunal to hear the case.

  Article 66 The respondent shall submit, within 30 days from the date of receipt of the arbitration notice, his letter of defence and relevant supporting documents to the Arbitration Commission. If there is any counterclaim, a letter of counterclaim shall also be submitted together with relevant supporting documents within the period.

  Article 67 The arbitration tribunal shall hear a case by the way it deems appropriate. It may determine whether to hear the case on the basis of the written materials and evidence submitted by the parties concerned, or to hold oral hearings.

  Article 68 The parties concerned shall submit to the arbitration tribunal written materials and evidence needed in arbitration according to the requirements and time limit set by the arbitration tribunal.

  Article 69 In holding oral hearing of a case, the secretarial bureau of the Arbitration Commission shall notify the parties concerned of the date of holding hearing 15 days ahead of the hearing after such date has been fixed by the Arbitration Commission.

  Article 70 If the arbitration tribunal decides to hold oral hearings, it shall hold one hearing only. It may decide to hold a second hearing where it is really necessary.

  Article 71 During the process of conducting summary proceedings, failure of any party to observe these summary proceedings shall not affect the progress of the proceedings or the power of the arbitration tribunal to make a final award.

  Article 72 The conduct of the summary proceedings shall not be affected by any amendment of the claim or by the lodging of a counterclaim, unless the disputed amount of the revised arbitration claim or counterclaim is in conflict with the provisions of Article 64.

  Article 73 For oral hearing of cases, the arbitration tribunal shall pass an arbitration award in writing within 30 days of the opening of the first or second hearing. For cases handled on the basis of written materials, the arbitration tribunal shall pass an arbitration award within 90 days of the formation of the tribunal. Where the secretary-general of Arbitration Commission deems it necessary and there are justifiable reasons, such time limits may be extended at the request of the arbitration tribunal.

  Article 74 Relevant stipulations of the other Parts of these Arbitration Rules shall apply to matters not stipulated in this Part.

  PART FOUR SPECIAL PROVISIONS GOVERNING ARBITRATION WITHIN CHINA

  Article 75 The provisions of this Part shall apply to arbitration cases within China concerning disputes referred to in Items 3, 4, 5 and 6 of Paragraph Two of Article 2 of these Rules.

  The summary proceedings stated in Part Three shall apply to arbitration cases within China as stipulated in Article 64 of these Rules.

  Article 76 When the Arbitration Commission receives a written application for arbitration that it believes is in accord with the stipulations of Article 14 of these Rules, it shall accept the case within five days and inform the parties concerned. It may also accept the case and inform the parties concerned immediately. If it believes that the case does not fulfil the criteria for acceptance, it shall inform the parties concerned of this in writing and explain the reasons.

  Article 77 When the Arbitration Commission receives a written application for arbitration that it believes is not in accord with the stipulations of Article 14 of these Rules, it may request the party concerned to supplement and correct the application within a stipulated time period. If the application is not corrected within the time period, the Commission may return the application.

  Article 78 When the claimant and respondent(s) select an arbitrator, or entrust the appointment to the chairman of the Arbitration Commission, in accordance with Articles 16, 24, 25 and 27 of these Rules, the stipulated time period in each of these Articles shall be 15 days.

  Article 79 The respondent(s) shall submit a letter of defence in writing and the relevant documentary evidence to the secretarial bureau of the Arbitration Commission within 30 days from the date of receipt of the arbitration notice.

  The respondent(s) shall file a counterclaim in writing, if any, with the Arbitration Commission within 45 days at the latest from the date of receipt of the arbitration notice. Such time limit may be extended appropriately where the arbitration tribunal deems that there is a proper reason.

  Article 80 The secretarial bureau of the Arbitration Commission shall inform the two parties concerned 15 days before the date of an oral hearing of a case in the public. The arbitration tribunal may bring the hearing forward with the agreement of the two parties concerned. With justifiable reasons, a party concerned may request for postponement of the hearing, but such request shall be raised in writing with the arbitration tribunal seven days before the date of hearing. The arbitration tribunal shall decide whether or not to grant the postponement.

  The notice for the date of hearings following the first hearing shall not be subject to the 15 day limit stipulated above.

  Article 81 When a case is heard orally in the public, evidence shall be disclosed at the time of the hearing and submitted within the time period stipulated by the arbitration tribunal.

  Article 82 The arbitration tribunal shall take minutes of the hearing. If one of the parties concerned or other person taking part in the arbitration believes that the minutes of his own statement is incomplete or incorrect, he may request that the minutes be corrected. If the tribunal does not grant such a correction, it shall record the request for correction.

  The minutes shall be signed or sealed by the arbitrator, the recorder, the parties concerned and other persons taking part in the arbitration.

  Article 83 The arbitration tribunal shall render an arbitration award within six months of its formation. At the request of the tribunal, the period may be extended where the Arbitration Commission's secretary-general deems it really necessary and there are really justifiable reasons.

  Article 84 Relevant stipulations of the other Parts of these Arbitration Rules shall apply to matters not stipulated in this Part.

  PART FIVE SUPPLEMENTARY

  Article 85 The Chinese language shall be the official language of the Arbitration Commission. Where the parties concerned have an agreement on a language to be used, such agreement shall be followed.

  During hearing in the arbitration tribunal, where the parties concerned or their attorneys or witnesses need interpretation of a language, the secretarial bureau of the Arbitration Commission may provide an interpreter or the parties concerned may provide their own interpreters.

  The arbitration tribunal and/or the secretarial bureau of the Arbitration Commission shall, if they/it deem(s) necessary, ask the parties concerned to provide a corresponding Chinese or other language translation of the documents and evidence they have provided.

  Article 86 All arbitration documents, notices, materials, etc. may be delivered to the parties concerned and/or their arbitration attorneys by registered mail, air courier, facsimile, telex, telegraph or any other means the secretarial bureau of the Arbitration Commission deems appropriate.

  Article 87 Any written communication from the Arbitration Commission to the parties concerned and/or their arbitration attorneys shall be deemed to have been delivered if it is delivered to the receiver in personal or to the receiver's business site, usual residence or corresponding address, or to the receiver's last known business site, usual residence or corresponding address by means of registered post or by any other means which provide a record on a delivery attempt if any one of the above-mentioned places cannot be located after making reasonable inquiries.

  Article 88 In addition to the charging of arbitration fees according to the arbitration fee charging table, the Arbitration Commission may charge the parties concerned extra and reasonable actual expenses, including arbitrators' remuneration as well as travel and boarding expenses involved in handling a case and the fees involved in appointing experts, appraisers and interpreters by the arbitration tribunal.

  With respect to cases that the parties concerned apply for dismissal after reaching mediation on their own initiative and where an award is made in accordance with Paragraph Four of Article 44, the Arbitration Commission may charge arbitration fees, depending on the amount of work and actual expenses.

  Article 89 Where an arbitration agreement or an arbitration clause contained in the contract provides for arbitration to be conducted by the China International Economic and Trade Arbitration Commission or a sub-commission thereof 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 deemed that the parties have unanimously agreed that the arbitration shall be conducted by the China International Economic and Trade Arbitration Commission or by a sub-commission thereof.

  Where an arbitration agreement or an arbitration clause contained in the contract provides for arbitration by the China Council for the Promotion of International Trade/China Chamber of International Commerce, or by the arbitration commission or arbitration court of the China Council for the Promotion of International Trade/China Chamber of International Commerce, it shall be deemed that the parties have unanimously agreed that the arbitration shall be conducted by the China International Economic and Trade Arbitration Commission.

  Article 90 These Arbitration Rules shall be implemented as of 1 October 2000. For cases which have been taken cognizance of by the Arbitration Commission or by its sub-commissions before the date on which these Arbitration Rules are implemented, the arbitration rules applicable on the date when the cases were taken cognizance of shall apply. However, these Arbitration Rules may be applied if the parties so agree.

  Article 91 The Arbitration Commission shall be responsible for interpretation of these Arbitration Rules.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371