Laws of the People's Republic of China

ARBITRATION RULES OF THE CHINA INTERNATIONAL ECONOMIC AND TRADE
ARBITRATION COMMISSION OF THE
PEOPLE'S REPUBLIC OF CHINA

(Adopted on March 17, 1994 at the First Session of the
Standing Committee of the Second National Congress
of the China Council for the Promotion of International Trade
(China Chamber of International Commerce).
Effective June 1, 1994)

SUBJECT: ARBITRATION

ISSUING-DEPT: STANDING COMMITTEE

ISSUE-DATE: 03/17/1994

IMPLEMENT-DATE: 06/01/1994

LENGTH: 3393 words

TEXT:

Table of Contents

Chapter I. General Provisions
Section 1. Jurisdiction
Section 2. Organization
Chapter II. Arbitration Proceedings
Section 1. Application for Arbitration, Defense and Counterclaim
Section 2. Composition of Arbitration Tribunal
Section 3. Hearing
Section 4. Award
Chapter III. Summary Procedure
Chapter IV. Supplementary Provisions
Chapter I. General Provisions

Section II. Jurisdiction

Article 1. These Rules are formulated in accordance with the relevant provisions of the laws of the People's Republic of China (PRC) and pursuant to the "Decision' of the former Government Administration Council of the Central People's Government of the PRC and the "Notice" and "Official Reply" of the State Council of the PRC

Article 2. The China International Economic and Trade Arbitration Commission (originally named the Foreign Trade Arbitration Commission of the China Council for the Promotion of International Trade, later renamed the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade, and presently called the 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 external, 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 the domestic and international economy and trade.

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.

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, recession, termination, invalidity or revocation of the contract.

Article 6. Any objections to an arbitration agreement and/or jurisdiction over an arbitration case may not be raised after the Respondent has presented its first substantive defense in writing. Any objections to jurisdiction over a counterclaim may not be raised after the Claimant has submitted its first substantive defense in writing in respect of the Rules.

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, one secretary general 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 latter's authorization. The Arbitration Commission has a secretariat to handle its day-to-day work.

Article 10. The Arbitration Commission maintains a Panel of Arbitrators. The arbitrators are selected and appointed by the China Council for the
Promotion of International Trade (China Chamber of International Commerce) from among Chine 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 the Shenzhen Special Economic Zone and a Shanghai Sub-Commission in Shanghai. The Arbitration Commission and its Sub-Commissions are one integral entity. The Sub-Commissions have their own secretariats to handle their day-to-day work. These Rules uniformly apply to the Arbitration Commission and its Commissions. When arbitration proceedings are conducted in the Sub-Commissions, the functions and duties under these Rules to be carried out by the chairman and the act of the Arbitration Commission shall be performed by the chairman and the secretariats 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-Commission in Shenzhen or by its Shanghai Sub-Commission in Shanghai. In the absence of such an act, the Claimant 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 derided by the Arbitration Commission. Chapter II. Arbitration Proceedings Section 1. Application for Arbitration, Defense and Counterclaim

Article 13. The arbitration proceedings shall commence from the date on which the Respondent receives the Notice of Arbitration served by the Arbitration Commission. If there are two or more Respondents, the proceedings shall commence as from the date on which the last Respondent receives the Notice of Arbitration.

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 appoint one arbitrator from among the Panel of Arbitrators of the Arbitration Commission or authorize the chairman of the Arbitration Commission to make an appointment on his behalf.
(4) 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 that the Claimant 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 List of Arbitrators and the Arbitration Fee Schedule of the Arbitration Commission.

Article 16. 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 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, file with the secretariat of the Arbitration Commission his counterclaim in writing, if any. The Respondent must state in his written counterclaim his specific claim, detailed grounds upon which his counterclaim is lodged, and facts and evidence on which his counterclaim is based, and attach to his counterclaim the relevant documentary evidence. When filing 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 the Application for Arbitration, Defense, Counterclaim, relevant documentary evidence and other documents, apart from supplying a copy to the secretariat of the Arbitration Commission, the party/parties shall provide duplicate copies in the same number as the number of the other party/parties and the arbitrators composing the arbitration tribunal.

Article 21. 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 defense against the Respondent's counterclaim.

Article 22. The parties may authorize attorneys 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 attorneys.

Article 23. When a party applies for property preservative measures, the Arbitration Commission shall submit the party's application for a derision to the intermediate people's court in the place where the property 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. Section 2. Composition of Arbitration Tribunal

Article 24. After each of the two parties has chosen one arbitrator from among the Panel of Arbitrators of the Arbitration Commission or the chairman of the Arbitration Commission has made such appointment upon authorization by the party/parties, the chairman of the Arbitration Commission shall immediately appoint a third arbitrator from among the Panel of Arbitrators of the Arbitration Commission as the presiding arbitrator to form an arbitration tribunal to 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 an appointment

Article 26. If 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 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 one arbitrator from among the Panel of Arbitrators of the Arbitration Commission. If the Claimants' side fails to make such appointment at the time of submitting their Application for Arbitration and/or the Respondents' side is unable to appoint one arbitrator within 20 days as from the date on which the last Respondent 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 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. Such a request must state the detailed facts and reasons on which the request is based. A challenge against an arbitrator for removal from his office must be put forward in writing 15 days before the date of 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 or other reasons, a substitute arbitrator shall be appointed in accordance with the procedure pursuant to which the original arbitrator was appointed. After appointment of the substitute arbitrator, the arbitration tribunal has discretion to deride whether the whole or part of the previous hearings shall be repeated or not. Section 3. Hearing

Article 32. The arbitration tribunal shall hold oral hearings when examining cases. 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 manual in consultation with the secretariat of the Arbitration Commission. The notice of the date of the hearing shall be communicated 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 34. The notice of the date of the hearing subsequent to the first hearing is not subject to the 30-day time limit provided for in the foregoing article.

Article 35. The cases taken place of by the Arbitration Commission shall be heard in Beijing, or in other places with the approval of the chairman 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 chairman of the Sub-Commission.

Article 36. The arbitration tribunal shall not hear cases in open session. If both parties request a heating to be held in open session, the arbitration tribunal shall deride 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, the staff members of the Arbitration Commission and its secretariat shall not disclose to outsiders the substantive or procedural matters of the case heard and examined in closed session.

Article 38. 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 accordingly timely inform the parties to be present at the place where the arbitration tribunal deems it necessary. Should one party or both parties fall to appear at the place directed, 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 and appraiser can be an organization or a citizen, Chinese or foreign. The arbitration tribunal has the power to order the parties and the parties are also obliged to submit or produce to the expert or appraiser any materials, documents, properties or goods related to the case for check-up, inspection and/or appraisal.

Article 40. 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 41. The evidence submitted by the parties shall be examined and decided by the arbitration tribunal. The arbitration tribunal shall determine whether or not to adopt the experts report and the appraiser's report.

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 secretariat of the Arbitration Commission may make a record in writing and/ or by tape-recording. The arbitration tribunal may, when it deems necessary, make minutes 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. The records or tape-recording taken or made by the secretariat are 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 chairman 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 deride 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 noncompliance 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 thermal shall end the case by making an 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 and proposal which has been made, raised, put forward, acknowledged, accepted or rejected by either party or by the arbitration tribunal in the process of conciliation shall not be invoked as grounds for any claim, defense and/or counterclaim in 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 after the arbitration tribunal is formed. The Arbitration Commission may postpone this time limit at the request of the arbitration tribunal if the Arbitration Commission considers it really necessary and the reasons for postponement are truly justified.

Article 53. The arbitration tribunal shall independently and impartially make its arbitral award in accordance with the facts of the case, the law and the terms of the contracts, international practices and the principle of fairness and reasonableness.

Article 54. The arbitration tribunal shall state the reasons upon which the arbitral award is based unless the arbitral award is made in accordance with the contents of a settlement agreement reached by both parties. The arbitral award shall be signed by all or a majority of the arbitrators sitting on the arbitration tribunal and shall contain the Arbitration Commission's stamp and the date on and place in which the arbitral award is made. The date on which the arbitral award is made is the date on which the arbitral award comes into effect.

Article 55. 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 can be written in the record and docketed into the file. An arbitrator who has a dissenting opinion may sign or not sign his name on the arbitral award.

Article 56. When the arbitration tribunal cannot attain a majority opinion, the arbitral award shall be decided in accordance with the presiding arbitrator's opinion.

Article 57. The arbitration tribunal may, if it deems it necessary or the parties so request and it agrees, make an interlocutory award or partial award on any issue in the case at any time in the course of arbitration. 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 ultimately paid by the party or parties to the Arbitration Commission.

Article 59. The arbitration tribunal has the power to rule in the arbitral award that the losing party shall pay the winning party as compensation a portion 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 court or make a request to any other organization for revising the arbitral award.

Article 61. Either party may request in writing that a correction by made to the writing, typing, calculating and similar errors contained in the arbitral award within 30 days from the date of receipt of the arbitral award; if there is really an error in the arbitral award, the arbitration tribunal shall make a correction in writing within 30 days from the date of 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. 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 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 the 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 the 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 by one of the parties and the application is accepted after examination, the chairman of the Arbitration Commission shall immediately appoint a sole arbitrator from among the Panel of Arbitrators of the Arbitration Commission to form an arbitration tribunal to hear the case, unless such an appointment has been jointly made by the two disputing parties. Accordingly, the secretariat of the Arbitration Commission shall immediately serve a notice of arbitration on the other party.

Article 66. The other party 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 together 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 the 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 secretariate of the Arbitration Commission shall, after the arbitration tribunal has fixed a date for hearing, inform the parties of the date of the hearing 10 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. Two oral hearings are not permitted unless necessary.

Article 71. Should any 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 proceedings shall not be affected by any amendment of the claim or by the lodging of a counterclaim, except where there is a conflict with Article 64 of these Rules.

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. When a case is examined on the basis of documents, the arbitration tribunal shall render an arbitral award within 90 days from the date on which the arbitration tribunal is formed. The Arbitration Commission may extend the said time limit if such extension is necessary.

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 request language interpretation, the secretariat of the Arbitration Commission may provide an interpreter for them or the parties may bring with them their own interprets. The secretariat of the Arbitration Commission may, if it deems it necessary, request the parties to hand in corresponding translation copies in the Chinese language or other languages of the various documents and evidentiary materials submitted by the parties.

Article 76. Unless otherwise agreed by the parties or otherwise decided by the arbitration tribunal, 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 air mail, 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 served if it is delivered to the addressee personally or if it is 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 78. Apart from changing arbitration fees to 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 among themselves an amicable settlement, the Arbitration Commission may charge a certain amount of fees to the parties in consideration of the quantity of work and the amount of the actual expenses incurred by the Arbitration Commission.

Article 79. Where the arbitration agreement or the arbitration clause contained in the contract provides for the arbitration to be conducted by the Arbitration Commission or its Sub-Commissions or by the Foreign Trade Arbitration Commission or the Foreign Economic and Trade Arbitration Commission of the China Council for the Promotion of International Trade (former names of the Arbitration Commission), it shall be deemed that the parties have unanimously agreed that the arbitration shall be conducted by the Arbitration Commission or by its Sub-Commissions.

Article 80. These Rules shall come into force as from June 1, 1994, For cases taken cognizance of by the Arbitration Commission or its Sub-Commissions before the date on which these Rules become effective, the Rules of the Arbitration Commission which came into force as from January 1, 1989 shall still apply, However, these Rules shall be applied ff the parties so agree.

Article 81. The power to interpret these Rules is vested in the Arbitration Commission.