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CHINA INTERNATIONAL
ECONOMIC AND TRADE ARBITRATION COMMISSION (CIETAC) ARBITRATION
RULES
(Revised and adopted by China
Chamber of International Commerce on September 4, 1995, 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 of the
People's Republic of China and the provisions of the relevant laws
and pursuant to the "Decision" of the former Government
Administration Council of the Central People's Government and the
"Notice" and "Official Reply" of the State
Council.
Article 2 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, hereinafter referred to as the Arbitration
Commission) independently and impartially resolves, by means of
arbitration, disputes arising from international or
foreign-related, 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 domestic and international
economy and trade.
In case the law or administrative
regulations of the Pople's Republic of China have special
provisions or special authorization concerning the scope of
accepting cases, the Arbitration Commission may accept cases in
accordance with the special provisions or special authorization.
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 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 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, 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 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 has a
secretariat to handle its day-to-day work under the leadership of
the Secretary-General of the Arbitration Commission.
Article 10 The
Arbitration Commission maintains a Panel of Arbitrators. The
arbitrators are selected and appointed by the Arbitration
Commission from among Chinese 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 Shenzhen Special
Economic Zone and a Shanghai Sub-Commission in Shanghai. The
Sub-Commissions are an integral part of the Arbitration
Commission.
The Sub-Commissions have their own
secretariats to handle their day-to-day work under the leadership
of the Secretaries-General of the Sub-Commissions.
These Rules uniformly apply to the
Arbitration Commission and its Sub- Commissions. When arbitration
proceedings are conducted in the Sub-Commissions, the functions
and duties under these Rules to be carried out by the Chairman,
the secretariat and the Secretary-General of the Arbitration
Commission shall be performed by the Vice-Chairmen authorized by
the Chairman, the secretariats and the Secretaries-General 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- Commissions in Shanghai. In the absence of such an
agreement, the Claiman 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 decided
by the Arbitration Commission.
Chapter II Arbitration
Proceedings
Section 1 Application for
Arbitration, Defense and Counter-claim
Article 13 The
arbitration proceedings shall commence from the date on which the
Notice of Arbitration is sent out by the Arbitration Commission or
its Sub-Commissions.
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 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
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, shall appoint one of its staff-members to
take charge of procedural administration of the case.
Article 16 The
Claimant and the Respondent shall, within 20 days as from the date
of receipt of the Notice of Arbitration, appoint an arbitrator
from among the Panel of Arbitrators of the Arbitration Commission
or authorize the Chairman of the Arbitration Commission to make
such appointment.
Article 17 The
Respondent shall, within 45 days from the date of receipt of the
Notice of Arbitration, submit his written defense and relevant
documentary evidence to the secretariat of the Arbitration
Commission.
Article 18 The
Respondent shall, at the latest within 60 days from the date of
receipt of the Notice of Arbitration, 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 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 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
one 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 21 The
arbitration proceedings shall not be affected in case the
Respondent fails to file his defense in writhing or the Claimant
fails to submit his written defense against the Respondent's
counterclaim.
Article 22 The
parties may authorize arbitration agents to deal with the matters
relating to arbitration; the authorized attorney must produce a
Power of Attorney to the Arbitration Commission.
Chinese and foreign citizens can be
authorized to act as arbitration agents.
Article 23 When
a party applies for property preservative measures, the
Arbitration Commission shall transmit the party's application for
a ruling to the intermediate people's 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 transmit the party's application for a ruling to
the intermediate people's court in the place where the evidence is
located.
Section 2 Formation of Arbitration
Tribunal
Article 24
Each of the parties shall appoint one arbitrator form 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
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 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 appointment.
Article 26 If
the Claimant or the Respondent fails to appoint or authorize the
Chairman of the Arbitration Commission to appoint an arbitrator
according to Article 16 of these Rules, the Chairman of the
Arbitration Commission shall appoint an arbitrator for the
Claimant or 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 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 28
Any appointed arbitrator having a personal interest in the case
shall himself disclose such circumstances to the Arbitration
Commission and request a withdrawal from his office.
Article 29
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 thereof 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 30
The Chairman of the Arbitration Commission shall decide on the
challenge.
Article 31 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 the whole or part of the previous hearings shall be
started again.
Section 3 Hearing
Article 32 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 33 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 requeat 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 34
The notice of the date of hearing subsequent to the first hearing
is not subject to the 30-day time limit.
Article 35 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. The cases taken
cognizance of by a Sub-Commission of the Arbitration Commission
shall be heard in the place where the Sub-Commission is located,
or in other places with the approval of the Secretary-General of
the Sub-Commission.
Article 36 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 37
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 38 The
parties shall produce evidence for the facts on which their claim,
defense or counterclaim is 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 39 The
arbitration tribunal may consult an expert or appoint an appraiser
for the clarification of special questions relating to the case.
Such an expert or 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 40 The
expert's report and the appraiser's report shall be copied to the
parties so that the parties may have the opportunity to give their
opinions there on. 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 41 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 42
Should one of the parties fail to appear at the hearing, the
arbitration tribunal may proceed with the hearing and make an
award by default.
Article 43
During the hearing, the arbitration tribunal may make a record in
writing and/or by tape-recording. The arbitration tribunal may,
when it 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 by
tape-recording is only for the use and reference of the
arbitration tribunal.
Article 44 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
arbitration tribunal, and the arbitration tribunal shall decide 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 45 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 46
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 47 The
arbitration tribunal may conciliate cases in the manner it deems
appropriate.
Article 48 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 49 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 through the arbitration tribunal's
conciliation.
Article 50
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 51
Should conciliation fail, any statement, opinion, view or proposal
which has been made, raised, put forward, acknowledged, accepted
or rejected by either party or by the arbitration tribunal in the
process of conciliation shall not be invoked as grounds for any
claim, defense and/or counterclaim in the subsequent arbitration
proceedings judicial proceedings or any other proceedings.
Section 4 Award
Article 52 The
arbitration tribunal shall render an arbitral award within 9
months as from the date on which the arbitration tribunal is
formed. The Secretary-General of the Arbitration Commission may
extend this time limit at the request of the arbitration tribunal
if the Secretary-General of the Arbitration Commission considers
that it is really necessary and the reasons for extension are
truly justified.
Article 53 The
arbitration tribunal shall independently and impartially make its
arbitral award on the basis of the facts, in accordance with the
law and the terms of the contracts, with reference to
international practices and in compliance with the principle of
fairness and reasonableness.
Article 54
Where a case is heard by an arbitration tribunal composed of three
arbitrators, the arbitral award shall be decided by the majority
of the arbitrators and the minority opinion may be 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 55 The
arbitration tribunal shall state in the arbitral award the claims,
the facts of the dispute, the reasons on which the arbitral award
is based, the result of the arbitral award, the allocation of the
arbitration costs, the date on which and the place at which the
arbitral award is made. The facts of the dispute and the reasons
on which the arbitral award is based may not be stated in the
arbitral award if the parties have agreed not to state them in the
arbitral award, or the arbitral award is made in accordance with
the contents of the settlement agreement reached between the
parties.
Article 56 Unless
the arbitral award is made in accordance with the opinion of the
presiding arbitrator or the sole arbitrator, the arbitral award
shall be signed by 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 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 arbitral award on condition
that the arbitrator's independence of decision is not affected.
The Arbitration Commission's stamp
shall be affixed to the arbitral award.
The date on which the arbitral
award is made is the date on which the darbitral award comes into
legal effect.
Article 57
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 58 The
arbitration tribunal has the power to determine in the arbitral
award the arbitration fee and other expenses to be eventually paid
by the parties to the Arbitration Commission.
Article 59 The
arbitration tribunal has the power to decide in the arbitral award
that the losing party shall pay the winning party as compensation
a proportion of the expenses reasonably incurred by the winning
party in dealing with the case. The amount of such compensation
shall not in any case exceed 10% of the total amount awarded to
the winning party.
Article 60 The
arbitral award is final and binding upon both disputing parties.
Neither party may bring a suit before a law count or make a
request to any other organization for revising the arbitral award.
Article 61 Either
party may request in writing that a correction be made to the
writhing, 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 form the date on receipt of the written request for
correction, and the arbitration tribunal may by itself make a
correction in writing within 30 days from the date on which the
arbitral award is issued. The correction in writing forms a part
of the arbitral award.
Article 62 If
anything 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 also 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 63
The parties must automatically execute the arbitral award within
the time limit specified in the arbitral award. If no time limit
is specified in the arbitral award, the parties shall carry out
the arbitral award immediately.
In case one party fails to execute
the arbitral award, the other party may apply to the Chinese court
for enforcement of the arbitral award pursuant to Chinese law or
apply to the competent foreign court for enforcement of the
arbitral award according to the 1958 Convention on Recognition and
Enforcement of Foreign Arbitral Awards or other international
treaties that China has concluded or participated in.
Chapter III Summary Procedure
Article 64 Unless
otherwise agreed by the parties, this Summary Procedure shall
apply to any case in dispute where the amount of the claim totals
not more than RMB 500, 000 yuan, and to any case in dispute where
the amount of the claim totals more than RMB 500, 000 yuan
provided that one party applies for arbitration under this Summary
Procedure and the other party agrees in writing.
Article 65
When an application for arbitration is submitted to the
Arbitration Commission after examination and the Summary Procedure
is applicable, the secretariat of the Arbitration Commission shall
immediately send a Notice of Arbitration to the parties.
Unless both parties have jointly
appointed one sole arbitrator from among the Panel of Arbitrators
of the Arbitration Commission, they shall jointly appoint or
jointly entrust the Chairman of the Arbitration Commission to
appoint one sole arbitrator within 15 days from the date on which
the Notice of Arbitration is received by the Respondent. Should
the parties fail to make such appointment or entrustment, the
Chairman of the Arbitration Commission shall immediately appoint
one sole arbitrator to form an arbitration tribunal to hear the
case.
Article 66 The
Respondent shall, within 30 days from the date of receipt of the
Notice of Arbitration, submit his defense and relevant documentary
evidence to the secretariat of the Arbitration Commission; a
counterclaim, if any, shall be filed with documentary evidence
within the said time limit.
Article 67
The arbitration tribunal may hear the case in the way it 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 68
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 69
For a case which needs an oral hearing, the secretariat of the
Arbitration Commission shall, after the arbitration tribunal has
fixed a date for hearing, inform the parties of the date of the
hearing 15 days before the date of the hearing.
Article 70 If
the arbitration tribunal decides to hear the case orally, only one
oral hearing shall be held. However, the arbitration tribunal may
hold two oral hearings if really necessary.
Article 71
Should one of the parties fail to act in compliance with this
Summary Procedure during summary proceedings, such failure shall
not affect the arbitration tribunal's conduct of the proceedings
and the arbitration tribunal's power to render an arbitral award.
Article 72 The
conduct of the summary proceedings shall not be affected by any
amendment of the claim or by the lodging of a counterclaim.
Article 73 Where
a case is heard orally, the arbitration tribunal shall make an
arbitral award within 30 days from the date of the oral hearing if
one hearing is to be held, or from the date of the second oral
hearing if two oral hearings are to be held. Where a case is
examined on the basis of documents only, the arbitration tribunal
shall render an arbitral award within 90 days from the date on
which the arbitration tribunal is formed. The Secretary-General of
the Arbitration Commission may extend the said time limit if such
extension is necessary and justified.
Article 74 For
matters not covered in this Chapter, the relevant provisions in
the other Chapters of these Rules shall apply.
Chapter IV Supplementary
Provisions
Article 75
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 require language interpretation, the
secretariat of the Arbitration Commission may provide an
interpreter for them or the parties may bring with them their own
interpreter.
The arbitration tribunal and/or the
secretariat of the Arbitration Commission may, 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 76 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 77 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 properly
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 78 Apart
form charging arbitration fees from the parties according to the
Arbitration Fee Schedule of the Arbitration Commission, the
Arbitration Commission may collect from the parties other extra,
reasonable and actual expenses including arbitrators' special
remuneration and their travel and boarding expenses for dealing
with the case 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 79
Where an arbitration agreement or an arbitration clause contained
in the contract provides for arbitration to be conducted by China
International Economic and Trade Arbitration Commission or its
Sub-Commissions or by the formerly named Foreign Trade Arbitration
Commission or Foreign Economic and Trade Arbitration Commission of
the China Council for the Promotion of International Trade, it
shall be deemed that the parties have unanimously agreed that the
arbitration shall be conducted by China International Economic and
Trade Arbitration Commission or by its Sub-Commissions.
Article 80 These
Rules shall come into force as from October 1, 1995. For cases
which have been taken cognizance of by the Arbitration Commission
or by its Sub-Commissions before the date on which these Rules
become effective, the Rules of Arbitration effective on the date
when the cases were taken cognizance of shall apply. However,
these Rules shall be applied if the parties so agree.
Article 81 The
power to interpret these Rules is vested in the Arbitration
Commission.
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