CHINA MARITIME
ARBITRATION COMMISSION ARBITRATION RULES (Revised and adopted on September 4,1995 by China Chamber
of International Commerce, effective as from October 1, 1995) 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 disputes 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 the 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
clause or an arbitration agreement shall not be affected by the modification,
rescission, termination, invalidity, revocation or non-existence of contract.
Article 6 Any objections
to an arbitration agreement and/or jurisdiction over an arbitration case should
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 to 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 Commisstion 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 secretartiat 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 Commision 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,
Defence and Counter-claim Article 12 The arbitration proceedings shall commence
from the date on which the Notice of Arbitration is issued. 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 completed 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 Arbtration 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 Schdule. 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
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 Artitration, submit
his written defence 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
counterclaim is based, and attach to his 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 defence, 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 composing 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 defence in writing or the Claimant
fails to submit his written defence against the Respondent's counterclaim.
Article 21 The parties
may arthorize arbitration agents to deal with the matters in relation to arbitration;
the suthorized 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 interim measures of protection of evidence, the Arbitration Commission shall
submit his 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 Arbitratiors 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 arbitratior. 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 Commisson 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 the Respondents' side each shall, through consultation, appoint
or entrust the Chairman of the Arbitration Commission to appoint one arbitrrator
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 Respondent's 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 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 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, defence 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.
Article 38 The arbitration
tribunal may consult an expert or appoint an appraiser for the clarification of
special questions relating to the case. Such an expert and appraiser can be an
organization or a citizen, Chinese or foreign. The
arbitration tribunal has the power to order the parties and the parties are also
obliged to submit or produce to the expert or appraiser any materials, documents,
properties or goods related to the case for check-up, inspection and/or appraisal.
Article 39 The expert's
report and the appraiser's report shall be copied to the parties so that they
may have the opportunity to give their opinions thereon. At the request of any
party to the case and with the approval of the arbitration tribunal, the expert
and appraiser may be present at the hearing and give explanations of their reports
when the arbitration tribunal deems it necessary and appropriate.
Article 40 The evidence
submitted by the parties shall be examined and decided by the arbitration tribunal.
The adoption of the expert's report and the appraiser's report shall be determined
by the arbitration tribunal. Article
41 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
42 During the hearing, the arbitration tribunal
may make a record in writing and/or by tape-recording. The arbitration tribunal
may, when it deems it necessary, make a minute stating the main points of the
hearing and ask the parties and/or their attorneys, witnesses and/or other persons
involved to sign their names on it and/or affix their seals to it. The
record in writing or tape-recording are only for the use and reference of the
arbitration tribunal. Article
43 If the parties to an arbitration case reach
an amicable settlement agreement by themselves, they may either request the arbitration
tribunal to make an award in accordance with the contents of their amicable settlement
agreement to end the case or request a dismissal of the case. The Secretary General
of the Arbitration Commission shall decide on the request for a dismissal of the
case if the request is made before the formation of the arbitration tribunal and
the arbitration tribunal shall decide on the request if the request is put forward
after the formation of the arbitration tribunal. If
the party or the parties refer the dismissed case again to the Arbitration Commission
for arbitration, the Chairman of the Arbitration Commission shall decide whether
to accept the reference or not. Article
44 A party who knows or should have known that
any provision or requirement of these Rules has not been complied with and yet
proceeds with the arbitration proceedings without explicitly raising in writing
his objection to non-compliance in a timely manner shall be deemed to have waived
his right to object. 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 deems 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 deemed as one which has
been reached trough 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 shall end 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 and 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, defence and/or counterclaim in the subsequent arbitration
proceedings, judicial proceedings or any other proceedings. Section
4 Award Article
51 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 Comission 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
52 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 53 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 written in the record and docketed into the 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 54 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 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
55 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 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 arbitral award. The
arbitrators shall submit his draft arbitral award to the Arbitration Commission
before signing the award. The Arbitration Commission may remind the arbitrators
of the issues related to the form of the arbitral award on condition that the
arbitrators' 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
56 The arbitration tribunal may, if it deems
it necessary or the parties so request and the arbitration tribunal agrees, make
an interlocutory award or partial award on any issue of the case at any time in
the course of arbitration before the final award is made. Either party's failure
to perform the interlocutory award does not affect the continuation of the arbitration
proceedings and the making of the final award by the arbitration tribunal.
Article 57 The arbitration
tribunal has the power to determine in the arbitral award the arbitration fee
and other expenses to be eventually paid by the party or the parties to the Arbitration
Commission. Article 58 The
arbitration tribunal has the power to decide in the arbitral award that the losing
party shall pay the winning party as compensation an apportion 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
59 The arbitral award is final and binding
upon both disputing parties. Neither party may bring a suit before a lawcourt
or made a request to any other organization for revising the arbitral award.
Article 60 Either
party may request in writing that a correction be made to the writing, typing,
calculating and similar errors 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 from the date of which the arbitral award is issued. The correction
in writing forms a part of the arbitral award. Article
61 If anything that should be awarded has 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
something which should be awarded is really omitted, the arbitration tribunal
shall make an additional award within 30 days from the date of receipt of the
request in writing for an additional award. The arbitration tribunal may by itself
make an additional award within 30 days from the date on which the arbitral award
is issued. The additional award forms a part of the arbitral award which has been
previously issued. Article
62 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 the 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 participated in . Chapter
III Summary Procedure Article
63 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 64 When
an application for arbitration is submitted to the Arbitration Commission by one
of the parties and the applications is accepted by the Arbitration Commission
after examination and the Summary Procedure is applicable, the secretariat of
the Arbitration Commission shall immediately serve a Notice of Arbitration to
each of the parties. Unless both
parties have jointly selected 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.
When 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
65 The Respondent shall, within 30 days from
the date of receipt of the Notice of Arbitration, submit his defence and relevant
documentary evidence to the secretariat of the Arbitration Commission; counterclaim,
if any, shall be lodged together with documentary evidence within the said time
limit. Article 66
The arbitration tribunal may hear the case in the way it deems appropriate. The
arbitration tribunal has discretion to hear the case only on the basis of the
written materials and evidence submitted by the parties or to hold an oral hearing
as well. Article 67
The parties must hand in written materials and evidence needed for the arbitration
in compliance with the requirements of the arbitration tribunal within the time
limit given by the arbitration tribunal. Article
68 For a case which needs an oral bearing, 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
69 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
70 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 71 The conduct
of the proceedings shall not be affected by any amendment of the claim or by the
lodging of a counterclaim. Article
72 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 oral hearing is
to be held, or from the date or 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 justifiable. Article
73 For matters not covered in this Chapter, the relevant provisions in the
other Chapters of these Rules shall apply. Chapter
IV Supplementary Provisions
Article 74 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 attorneys or witnesses request language interpretation,
the secretariat of the Arbitration Commission may provide an interpreter for them
or the parties may bring with them their own interpreters. The
arbitration tribunal and/or the secretariat of the Arbitration Commission may,
if it deems it necessary, request the parties to hand in corresponding translation
copies in Chinese language or other languages of the documents and evidential
materials submitted by the parties. Article
75 All the arbitration documents, notices and materials may be sent to the
parties and/or their attorneys in person, or by registered letter or express airmail,
telefax, telex, cable or by any other means which are deemed proper by the secretariat
of the Arbitration Commission. Article
76 Any written communication to the parties is deemed to have been properly
served if it is delivered to the addressee or delivered at his place of business,
habitual residence or mailing address; or if none of these can be found after
making a reasonable inquiry, a written communication is deemed to have been served
if it is sent to the addressee's last known place of business, habitual residence
or mailing address by registered letter or by any other means which provides a
record of the attempt to deliver it. Article
77 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
arbitrator's special remuneration and their travel and boarding expenses for dealing
with the case and 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, 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
78 Where a arbitration agreement or an arbitration clause contained in the
contract provides for the arbitration to be conducted by China Maritime Arbitration
Commission or by its former named Maritime Arbitration Commission of the China
Council for the Promotion of International Trade, the parties shall be deemed
to have unanimously agreed that the arbitration shall be conducted by China Maritime
Arbitration Commission. Article
79 These Rules shall come into force as from
October 1, 1995. For cases which have been taken cognizance of by the Arbitration
Commission before the date on which these Rules become effective, the Rules of
Arbitration effective on the date when the cases are taken cognizance of shall
apply. However, these Rules shall be applied if the parties so agree. Article
80 The power to interpret these Rules is vested in the Arbitration Commission.
Appendix: CHINA
MARITIME ARBITRATION COMMISSION ARBITRATION
FEE SCHEDULE (Effective as from April 1, 1995) Amount
of Claim (RMB) Amount of Claim (RMB) Amount of Fee (RMB) 1,000,000
Yuan or less 4% of the Claiming Amount, minimum 20,000 Yuan 1,000,000
Yuan to 5,000,000 Yuan 40,000 Yuan Plus 3% of the excess over 1,000,000 Yuan 5,000,000
Yuan to 10,000,000 Yuan 160,000 Yuan Plus 2% of the excess over 5,000,000 Yuan 10,000,000
Yuan to 50,000,000 Yuan 26,000 Yuan Plus 1% of the excess over 10,000,000 Yuan 50,000,000
Yuan or more 660,000 Yuan Plus 0.5% of the excess over 50,000,000 Yuan When
applying for arbitration, each case shall be charged an additional RMB 10,000
Yuan as a Registration Fee in order to cover the expenses in examining the application
for arbitration, filing the case, computer management, and placing the documents
on file. Where the amount of the
claim is not specified at the time of submitting the Application for Arbitration,
the amount of arbitration fee shall be determined by the secretariat of the Arbitration
Commission. If the arbitration
fee is charged in foreign currency, an amount of foreign currency equivalent to
the corresponding RMB value specified in this Schedule shall be paid. Apart
from charging arbitration fee according to the above-mentioned Arbitration Fee
Schedule, the Arbitration Commission may collect other extra, reasonable and actual
expenses pursuant to the relevant provisions of the Arbitration Rules. |