(Adopted on March 17, 1994 at the First Session of the Standing Committee of the Second National Congress of the China Council for the Promotion of International Trade (China Chamber of International Commerce). Effective June 1, 1994.)
Table of Contents
Chapter I. General Provisions
Section 1. Jurisdiction
Section 2. Organization
Chapter II. Arbitration Proceedings
Section 1. Application for Arbitration, Defense and Counterclaim
Section 2. Composition of Arbitration Tribunal
Section 3. Hearing
Section 4. Award
Chapter III. Summary Procedure
Chapter IV. Supplementary Provisions
Chapter I. General Provisions
Section 1. Jurisdiction
Article 1. These Rules are formulated in accordance with
the relevant provisions of the laws of the People's Republic
of China (PRC) and pursuant to the "Decision' of the
former Government Administration Council of the Central People's
Government of the PRC and the "Notice" and "Official
Reply" of the State Council of the PRC
Article 2. The 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 presently 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 international
or external, contractual or non-contractual, economic and
trade transactions, including those disputes between foreign
legal persons and/or natural persons and Chinese legal persons
and/or natural persons, between foreign legal persons and/or
natural persons, and between Chinese legal persons and/or
natural persons, in order to protect the legitimate rights
and interests of the parties and promote the development of
the domestic and internationaleconomy and trade.
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.
Article 5. An arbitration clause contained in a contract
shall be regarded as existing independently and separately
from the other clauses of the contract and an arbitration
agreement attached to a contract shall be treated as a part
of the contract existing independently and separately from
the other parts of the contract. The validity of an arbitration
clause or an arbitration agreement shall not be affected by
the modification, recession, termination, invalidity or revocation
of the contract.
Article 6. Any objections to an arbitration agreement and/or
jurisdiction over an arbitration case may not be raised after
the Respondent has presented its first substantive defense
in writing. Any objections to jurisdiction over a counterclaim
may not be raised after the Claimant has submitted its first
substantive defense in writing in respect of the Rules.
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 Rules.
Section 2. Organization
Article 8. The Arbitration Commission has one honorary chairman
and several advisers.
Article 9. The Arbitration Commission is composed of one
chairman, several vice-chairmen, one secretary general 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 latter's authorization.
The Arbitration Commission has a secretariat to handle its
day-to-day work.
Article 10. The Arbitration Commission maintains a Panel
of Arbitrators. The arbitrators are selected and appointed
by the China Council for the Promotion of International Trade
(China Chamber of International Commerce) from among Chine
and foreign personages with special knowledge and practical
experience in the fields of law, economics and trade, science
and technology, and other fields.
Article 11. The Arbitration Commission is located in Beijing.
The Arbitration Commission has a Shenzhen Sub-Commission in
the Shenzhen Special Economic Zone and a Shanghai Sub-Commission
in Shanghai. The Arbitration Commission and its Sub-Commissions
are one integral entity.
The Sub-Commissions have their own secretariats to handle
their day-to-day work.
These Rules uniformly apply to the Arbitration Commission
and its Commissions. When arbitration proceedings are conducted
in the Sub-Commissions, the functions and duties under these
Rules to be carried out by the chairman and the act of the
Arbitration Commission shall be performed by the chairman
and the secretariats of the Sub-Commissions respectively and
accordingly.
Article 12. The parties may agree to have their dispute submitted
for arbitration conducted by the Arbitration Commission in
Beijing or by its Shenzhen Sub-Commission in Shenzhen or by
its Shanghai Sub-Commission in Shanghai. In the absence of
such an act, the Claimant may opt to have the arbitration
conducted by the Arbitration Commission in Beijing or by its
Shenzhen Sub-Commission in Shenzhen or by its Shanghai Sub-Commission
in Shanghai. When exercising such option, the option first
made shall prevail. If a dispute arises over the option, it
shall be derided by the Arbitration Commission.
Chapter II. Arbitration Proceedings
Section 1. Application for Arbitration, Defense and Counterclaim
Article 13. The arbitration proceedings shall commence from
the date on which the Respondent receives the Notice of Arbitration
served by the Arbitration Commission.
If there are two or more Respondents, the proceedings shall
commence as from the date on which the last Respondent receives
the Notice of Arbitration.
Article 14. 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 appoint one arbitrator from among
the Panel of Arbitrators of the Arbitration Commission or
authorize the chairman of the Arbitration Commission to make
an appointment on his behalf.
(4) The Claimant shall pay an arbitration fee in advance
to the Arbitration Commission according to the Arbitration
Fee Schedule of the Arbitration Commission.
Article 15. 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 that the Claimant 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 List of
Arbitrators and the Arbitration Fee Schedule of the Arbitration
Commission.
Article 16. 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 17. The Respondent shall, within 45 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.
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 Respondent must state in his written counterclaim his
specific claim, detailed grounds upon which his counterclaim
is lodged, and facts and evidence on which his counterclaim
is based, and attach to his counterclaim the relevant documentary
evidence.
When filing a counterclaim, the Respondent shall 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; 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 20. When submitting the Application for Arbitration,
Defense, Counterclaim, relevant documentary evidence and other
documents, apart from supplying a copy to the secretariat
of the Arbitration Commission, the party/parties shall provide
duplicate copies in the same number as the number of the other
party/parties and the arbitrators composing the arbitration
tribunal.
Article 21. 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 defense against the Respondent's
counterclaim.
Article 22. The parties may authorize attorneys 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
attorneys.
Article 23. When a party applies for property preservative
measures, the Arbitration Commission shall submit the party's
application for a derision to the intermediate people's court
in the place where the property 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.
Section 2. Composition of Arbitration Tribunal
Article 24. After each of the two parties has chosen one
arbitrator from among the Panel of Arbitrators of the Arbitration
Commission or the chairman of the Arbitration Commission has
made such appointment upon authorization by the party/parties,
the chairman of the Arbitration Commission shall immediately
appoint a third arbitrator from among the Panel of Arbitrators
of the Arbitration Commission as the presiding arbitrator
to form an arbitration tribunal to hear the case.
Article 25. 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 26. If 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 shall appoint an arbitrator for the
Respondent.
Article 27. 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 one arbitrator
from among the Panel of Arbitrators of the Arbitration Commission.
If the Claimants' side fails to make such appointment at the
time of submitting their Application for Arbitration and/or
the Respondents' side is unable to appoint one arbitrator
within 20 days as from the date on which the last Respondent
receives the Notice of Arbitration, the appointment shall
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 withdrawal from his office.
Article 29. 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.
Such a request must state the detailed facts and reasons on
which the request is based.
A challenge against an arbitrator for removal from his office
must be put forward in writing 15 days before the date of
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 30. The chairman of the Arbitration Commission shall
decide on the challenge.
Article 31. If an arbitrator cannot perform his duty owing
to withdrawal or other reasons, a substitute arbitrator shall
be appointed in accordance with the procedure pursuant to
which the original arbitrator was appointed.
After appointment of the substitute arbitrator, the arbitration
tribunal has discretion to deride whether the whole or part
of the previous hearings shall be repeated or not.
The Second Part
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