DECISION OF THE GOVERNMENT ADMINISTRATION COUNCIL OF THE CENTRALPEOPLE'S GOVERNMENT CONCERNING THE ESTABLISHMENT OF A FOREIGN TRADEARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION OFINTERNATIONAL TRADE
DECISION OF THE GOVERNMENT ADMINISTRATION COUNCIL OF THE CENTRALPEOPLE'S GOVERNMENT CONCERNING THE ESTABLISHMENT OF A FOREIGN TRADEARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION OFINTERNATIONAL TRADE
This English document is coming from the "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document
DECISION OF THE GOVERNMENT ADMINISTRATION COUNCIL OF THE CENTRAL
PEOPLE'S GOVERNMENT CONCERNING THE ESTABLISHMENT OF A FOREIGN TRADE
ARBITRATION COMMISSION WITHIN THE CHINA COUNCIL FOR THE PROMOTION OF
INTERNATIONAL TRADE
(Adopted at the 215th Executive Meeting of the Government Admini-
stration Council on May 6, 1954)
With a view to settling by way of arbitration disputes that may arise in
the conduct of foreign trade, it is necessary to set up an arbitral body
within a social organization relating to foreign trade. It is hereby
decided as follows:
1. There shall be established, within the China Council for the Promotion
of International Trade, a Foreign Trade Arbitration Commission
(hereinafter referred to as the Arbitration Commission) to settle disputes
that may arise in contracts and transactions in foreign trade,
particularly those between foreign firms, companies or other economic
organizations on the one hand and Chinese firms, companies or other
economic organizations on the other.
2. The Arbitration Commission shall take cognizance of disputes in foreign
trade on the basis of the relevant contracts, agreements and/or other
documents concluded between the disputing parties.
3. The Arbitration Commission shall be composed of 15 to 21 members to be
selected and appointed by the China Council for the Promotion of
International Trade for a term of one year from among persons having the
required expertise and experience in foreign trade, commerce, industry,
agriculture, transportation, insurance and other related fields as well as
in law.
4. The Arbitration Commission shall elect a Chairman and two Vice-Chairmen
from among its members.
5. When a case of dispute is submitted for arbitration, the disputing
parties shall each choose an arbitrator from among the members of the
Arbitration Commission. The arbitrators so chosen shall jointly select a
presiding arbitrator from among the members of the Arbitration Commission
to hear the case jointly with the arbitrators. The disputing parties may
also jointly choose a sole arbitrator from among the members of the
Arbitration Commission to hear the case alone.
The disputing parties shall choose the arbitrators within the time fixed
by the Arbitration Commission or agreed upon between the parties, and the
arbitrators so chosen shall also select the presiding arbitrator within
the time fixed by the Arbitration Commission. If one of the parties fails
to choose an arbitrator within the prescribed time limit, the Chairman of
the Arbitration Commission shall, upon the request of the other party,
appoint the arbitrator on the former's behalf. In case the arbitrators so
chosen or appointed cannot agree upon the choice of the presiding
arbitrator within the prescribed time limit, the Chairman of the
Arbitration Commission may appoint a presiding arbitrator for them.
6. Either of the parties in dispute may entrust the Arbitration Commission
to choose for him an arbitrator who shall, jointly with the arbitrator
chosen by the other party, select a presiding arbitrator to hear the
disputed case. If, by mutual agreement, both parties jointly delegate the
choice of arbitrators to the Arbitration Commission, the Chairman of the
Arbitration Commission may appoint a sole arbitrator to hear the case
alone.
7. The disputing parties may authorize attorneys to defend their interests
during the hearings of a case before the Arbitration Commission.
Such attorneys may be citizens of the People's Republic of China or
foreign citizens.
8. During the hearings of a case, the Arbitration Commission may, for the
purpose of safeguarding the interests of the disputing parties, prescribe
provisional measures concerning the parties' materials, property rights,
etc.
9. To compensate for the costs of arbitration, the Arbitration Commission
may collect arbitration fee not exceeding one per cent of the amount in
dispute.
10. The award handed down by the Arbitration Commission is final and
neither party shall bring an appeal for revision before a court or any
other organ.
11. The award of the Arbitration Commission shall be executed by the
parties of their own accord within the time fixed by the award. In case an
award is not executed after the expiration of the fixed time, a people's
court of the People's Republic of China shall, upon the request of one of
the parties, enforce it in accordance with the law.
12. Arbitration rules shall be formulated by the China Council for the
Promotion of International Trade.
Note:
According to the Notice of the State Council circulated on February
26, 1980, the Foreign Trade Arbitration Commission was renamed as the
Foreign Economic and Trade Arbitration Commission and new provisions were
formulated concerning the scope of cases to be taken cognizance of by the
Commission. On June 21, 1988, the State Council further renamed the
Foreign Economic and Trade Arbitration Commission as the China
International Economic and Trade Arbitration Commission and approved the
amendments of its arbitration rules - The Editor.
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