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ARBITRATION FEE COLLECTION MEASURES OF ARBITRATION COMMISSIONS

    Article 1  These Measures are formulated for the purpose of
regulating the collection of arbitration fees by the
arbitration commissions.

    Article 2  When a party applies for arbitration, he shall pay
arbitration fees to the arbitration commission in accordance with
the provisions of these Measures. Arbitration fees shall include
fees for accepting a case and for processing a case.

    Article 3  The fees for accepting a case shall be used to
pay the arbitrators and maintain the necessary expenditures for
normal operation of the arbitration commission.

    Article 4  The applicant shall, within 15 days of receiving
the acceptance notification from the arbitration commission, pay
in advance the fees for accepting the case in accordance with the
provisions of the Table of Fees for Accepting Arbitration Cases.
The respondent shall, while in the process of raising a
counter-claim, pay in advance the fees for accepting the case in
accordance with the provisions of the Table of Fees for Accepting
Arbitration Cases.

    A detailed fee standard for accepting cases shall be
determined by the arbitration commission within the extent
described in the Table of Fees for Accepting Arbitration Cases,
and reported to the price administration department of the
people's governments of the province, autonomous region or
municipality directly under the central government where the
arbitration commission is located for examination and approval.

    Article 5  The dispute amount mentioned in the Table of Fees
for Accepting Arbitration Cases shall be the amount applied for by
the applicant; if the amount applied for is inconsistent with the
factual dispute amount, the factual dispute amount shall be used.

    If the dispute amount has not yet been determined when an
arbitration is requested, the arbitration commission shall, on
the basis of the specific rights and interests involved in the
dispute, determine the fee to be paid in advance for accepting
the case.

    Article 6  If a party has difficulties in paying the fee for
accepting the case, the party may apply for delay of payment,
which may be granted with the approval of the arbitration
commission.

    If a party neither pays the fee for accepting the case
within the period set forth in Paragraph 1 of Article 4,
nor applies for a delay of payment, it shall be deemed that the
application for arbitration is withdrawn.

    Article 7  The fees for processing the case shall include:

    (1) the living, transportation, and other reasonable expenses
required for the arbitrators' business trip or hearing for
processing of the arbitration case;

    (2) the living and transportation expenses and compensation
for witnesses, identifiers, translators, and other persons whose
presence is necessary in the hearing;

    (3) fees for consultation, appraisal, examination, and
translation;

    (4) expenses for duplication or service of the materials or
documents involved in the case; and

    (5) other reasonable expenses that should be borne by the
parties.

    The fees for processing the case described in Items (2) and
(3) of this Article shall be paid in advance by the party who
raises the application.

    Article 8  The fee standards for processing cases shall be
carried out according to the relevant state provisions; in the
absence of state provisions, fees shall be charged according to
actual reasonable expenditures.

    Article 9  The arbitration expenses shall, in principle, be
borne by the losing party; if a party partially wins and
partially loses the case, the arbitration tribunal shall
determine the proportion of arbitration fees to be borne by each
party according to the degree of liability of each party. If the
parties become reconciled or the case is settled through
conciliation by the arbitration tribunal, the parties may make
an agreement of the proportion of the arbitration expenses to be
borne by each party.

    The arbitration tribunal shall state clearly in the
conciliation statement or award the final amount of
arbitration expenses to be paid by each party.

    Article 10  No fees shall be charged by the arbitration
commission when the arbitration tribunal agrees to conduct
rearbitration under Article 61 of the Arbitration Law.

    No fees shall be charged by the arbitration tribunal for any
legal correction of literal or computational errors, or of
addition of items that were adjudicated but failed to be included
in the award.

    Article 11  If an applicant has been notified in writing to
appear in the hearings but fails to do so without justified
reason, or if the applicant exits the hearings midway without
permission of the arbitration tribunal, it shall be deemed that
the application for arbitration has been withdrawn, and the fees
either for accepting the case or for processing the case shall
not be returned.

    Article 12  If the applicant withdraws the application or the
parties reach a reconciliation on their own initiative after the
arbitration commission accepts an application but before the
formation of the arbitration tribunal, the fees for accepting the
case shall be returned upon withdrawl of the arbitration
application.

    If the applicant withdraws the arbitration application or the
parties reach a reconciliation on their own initiative following
the formation of the arbitration tribunal, a portion of the fees
for accepting the case shall be returned on the basis of the
factual situation upon withdrawal of the arbitration application.

    Article 13  The provisions of Articles 5 and 12 are
applicable to cases where the respondent raises a counter-claim.

    Article 14  When the arbitration commission collects the fee
for accepting a case, it shall use the standardized fee receipt
documents printed by the financial department of the people's
government of province, autonomous region or municipality
directly under the central government where the arbitration
commission is located. The arbitration commission shall establish
and perfect a financial accounting system according to relevant
state provisions in order to strengthen financial management
and income/expenditure management and be subject to the
supervision of financial, audit, taxation, and price
departments.

    Article 15  These Measures shall become effective on
September 1, 1995.

    Appendix: The Table of Fees for Accepting Arbitration Cases



Dispute Amount (RMB)                         Acceptance Fee (RMB)

                                            
1000 yuan or less                            40--100 yuan
from 1001 to 50000 yuan                      4%--5%
from 50001 to 100000 yuan                    3%--4%
from 100001 to 200000 yuan                   2%--3%
from 200001 to 500000 yuan                   1%--2%
from 500001 to 1000000 yuan                  0.5%--1%
1000001 yuan or more                         0.25%--0.5%