CHINA MARITIME ARBITRATION COMMISSION ARBITRATION RULES
CHINA MARITIME ARBITRATION COMMISSION ARBITRATION RULES
(Revised and Adopted on September 4,1995 by China Chamber ofInternational Commerce. Effective as from October 1,1995.)
Whole document
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£º
(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
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, 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.
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 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 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 by tape-recording is 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 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 through 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 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 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 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 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 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 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 their 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 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 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 59
The arbitral award is final and binding upon both disputing parties.
Neither party may bring a suit before a law court or make 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 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 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 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 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 CNY 500, 000 yuan, and to any case in dispute where the amount of the
claim totals more than CNY 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 application 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 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 65
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 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 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 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
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 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
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 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 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 78
Where an arbitration agreement or an arbitration clause contained in
the contract provides for 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 were 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.
ing, 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 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 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 through 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 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 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 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 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 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 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 their 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 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 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 59
The arbitral award is final and binding upon both disputing parties.
Neither party may bring a suit before a law court or make 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 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 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 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 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 CNY 500, 000 yuan, and to any case in dispute where the amount of the
claim totals more than CNY 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 application 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 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 65
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 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 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 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
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 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
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 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 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 78
Where an arbitration agreement or an arbitration clause contained in
the contract provides for 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 were 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.
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