Laws of the People's Republic of China

CHINA INTERNATIONAL ECONOMIC
AND TRADE ARBITRATION COMMISSION
ARBITRATION RULES

 (Adopted on September 12, 1988 at the
Third Session of the First National
Congress of the China Council for the
Promotion of International Trade
(China Chamber of International Commerce))

SUBJECT: ARBITRATION & LITIGATION

ISSUING-DEPT: CHINA COUNCIL FOR THE PROMOTION OF INTERNATIONAL TRADE

ISSUE-DATE: 09/12/1988

IMPLEMENT-DATE: 01/01/1989

LENGTH: 2954 words

TEXT:

CHAPTER I GENERAL PROVISIONS

Section 1 Jurisdiction

[Article 1] The China International Economic and Trade Arbitration Commission (hereinafter referred to as the Arbitration Commission) independently and impartially settles disputes arising from international economic and trade transactions by means of arbitration so as to protect the justified rights and interests of the parties and promote international economic and trade development.

[Article 2] The Arbitration Commission takes cognizance of cases of disputes arising from international economic and trade transactions in accordance with arbitration agreements concluded between the parties, prior to or after the occurrence of disputes, to refer their disputes to the Arbitration Commission for arbitration and upon a written application by one of the parties.

An arbitration agreement means the arbitration clause stipulated by the parties in their contract, or an agreement in writing concluded in other forms to submit disputes for arbitration.

The Arbitration Commission has power to decide on the validity of arbitration agreements and the jurisdiction over arbitration cases.

Section 2 Organization

[Article 3] The Arbitration Commission is composed of one Chairman, several Vice-Chairmen and a number of Commission Members.

The Chairman performs functions and duties given by these Rules and any Vice-Chairman, if authorized by the Chairman, may perform the functions and duties of the Chairman.

Under the Arbitration Commission, a Secretariat is established to handle the day-to-day work of the Arbitration Commission.

[Article 4] 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 Chinese and foreign persons with special knowledge and practical experience in international economics and trade, science and technology, law and other fields.

[Article 5] The Arbitration Commission is located in Beijing.  The Arbitration Commission may, according to the requirement of development of arbitration business, establish sub-commissions in other places within the territory of China.

CHAPTER II ARBITRATION PROCEEDINGS

Section 1 Application for Arbitration, Defence and Counterclaim

[Article 6] The Claimant must submit his Application for Arbitration to the Arbitration Commission in accordance with the following requirements:

(1) An Application for Arbitration in writing must be submitted to the Arbitration Commission.  The following must be specified in the Application for Arbitration:

(a) the name(s) and address(es) of the Claimant and those of the Respondent;

(b) the arbitration agreement relied upon by the Claimant;