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中国海事仲裁委员会仲裁规则(一)

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中国海事仲裁委员会仲裁规则
CHINA MARITIME ARBITRATION COMMISSION ARBITRATION RULES

一九九五年九月四日中国国际商会修订并通过
(Revised and Adopted on September 4,1995 by China Chamber of International Commerce. Effective as from October 1,1995.)
颁布日期:19951001  实施日期:19951001  颁布单位:国务院

  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) and pursuant to the “Decision ”, the “Notice” and “Official Reply” of the State Council of the 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, in coastal waters and other waters connected with sea, in order to protect the legitimate rights and interests of the parties and promote the development of the domestic and international shipping industry and economy and trade.

  The Arbitration Commission shall take cognizance of cases of following maritime disputes:

  (1) dispute arising from salvage and general average;

  (2) dispute arising from collision between vessels, or from damage caused by a vessel to the structure and installation on the sea, waterways connected with sea, in the harbour as well as the submarine or underwater installation;

  (3) dispute arising from management, operation, chartering, mortgage, agency, towage, raising, sale, repair, building, demolition, of sea-going/river vessel, as well as carriage by sea in virtue of contracts of affreightment, bill of lading or other documents, and marine insurance;

  (4) dispute regarding the utilization of the marine resources and pollution damages to the marine environment ;

  (5) dispute arising from contract of freight forwarding, supply of ship's stores, employment of seaman aboard a foreign vessel, fishery production and fishing;

  (6) other maritime dispute 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 and 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 and he other party applies to the People's Court for a ruling, the latter's ruling 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 lause 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 and/or 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 jurisdiction should be raised before submission of the first substantive defense.

  Article 7 Once the parties agree to submit their dispute to the Arbitration Commission for arbitration, they shall be deemed that they have agreed to conduct the arbitration under these Rules.

  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 law and other fields.

  Article 11 The Arbitration Commission is located in Beijing. The Arbitration Commission may, according to the requirement of development of arbitration business, set up its Sub-Commissions in other places within china's territory.

  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 shall satisfy the following requirements when submitting his Application for Arbitration:

  (1)an Application for Arbitration in writing shall be submitted and the following shall be specified in the Application for Arbitration:

  (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, 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 and the facts and evidence on which his claim is based. The Application for Arbitration shall be signed and/or stamped by the Claimant and/or the attorney authorized by the Claimant.

  (2)When an Application for Arbitration is submitted to the Arbitration Commission, the relevant documentary evidence on which the Claimant's claim is based shall accompany the Application for Arbitration.

  (3)The Claimant shall pay an arbitration fee in advance to the Arbitration Commission according to the Arbitration Fee Schedule of the Arbitration Commission.

  Article 14 After receipt of the Application for Arbitration and its attachments and when the secretariat of the Arbitration Commission, after examination, deems that the Claimant has not completed the formalities required for arbitration, the secretariat shall demand the Claimant to complete them, and when the secretariat deems 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, after sending the Notice of Arbitration to the Claimant and Respondent, 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 as from the date of receipt of the Notice of Arbitration, 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 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.

  Article 17 The Respondent shall, at the latest within 60 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 extend that time limit if it deems that there are justified reasons.

  When lodging a counterclaim, the Respondent must state in his written statement of counterclaim his specific claim, reasons for his claim and facts and evidence upon which his claim is based, and attach to his written statement of 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 and the Respondent may request to amend his counterclaim; but the arbitration tribunal may refuse such a request for amendment if it considers that it is too late to raise the request and the amendment may affect the arbitration proceedings.

  Article 19 When submitting application for arbitration, written defense, statement of counterclaim, documentary evidence and other documents, the party/parties shall submit them in quintuplicate. If the number of the parties exceeds two, additional copies shall be submitted accordingly; if the number of arbitrator of the arbitration tribunal is one, two copies may be reduced.

  Article 20 The arbitration proceedings shall not be affected in case the Respondent fails to file his defense in writing or the Claimant fails to submit his written defense against the Respondent's counterclaim.

  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 property preservative measures, the Arbitration Commission shall submit the party's application for a ruling to the maritime court 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 for a ruling to the maritime court in the place where the evidence is located.

  Section 2 Formation of Arbitration Tribunal

  Article 23 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. The 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 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 appointed arbitrators shall jointly form an arbitration tribunal to jointly hear the case.

  Article 24 Both parties 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 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 date on which the Respondent receives the Notice of Arbitration, the Chairman of the Arbitration Commission shall make such an appointment.

  Article 25 If the Claimant or the Respondent fails to appoint or authorize the Chairman of the Arbitration Commission to appoint an arbitrator according to Article 15 of these Rules, the Chairman of the Arbitration Commission shall appoint an arbitrator on his behalf.

  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 removal of an appointed arbitrator from his office, if the party has justified reasons to suspect the impartiality and independence of the appointed arbitrator. In the request, the facts and reasons on which the request is based and evidence must be given.

  A challenge against an arbitrator for a removal from his office 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 be raised after the first hearing but before the end of the last hearing.

  Article 29 The Chairman of the Arbitration Commission shall decide on the challenge.

  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 pursuant to which the original arbitrator was appointed.

  After the appointment of the substitute arbitrator, the arbitration tribunal has discretion to decide whether or not 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. At the request of the parties or with their consent, oral hearings may be omitted if the arbitration tribunal also deems that oral hearings are unnecessary, and then the arbitration tribunal may examine the case and make an award on the basis of documents only.

  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.

  The notice of the date of the hearing shall be communicated by the secretariat of the Arbitration Commission to the parties 30 days before the date of the hearing. A party having justified reasons may request a postponement of the date of the hearing. His request must be communicated to the secretariat of the Arbitration Commission 12 days before the date of the hearing and the arbitration tribunal shall decide whether to postpone the hearing or not.

  Article 33 The notice of the date of hearing subsequent to the first 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 in other places with the approval of the Secretary-General of the Arbitration Commission.

  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 or not.

  Article 36 When a case is heard in closed session, the parties, their attorneys, 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 37 The parties shall produce evidence for the facts on which their claim, defense and counterclaims are based. The arbitration tribunal may undertake investigations and collect evidence on its own initiative, if it deems it necessary.

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

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