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INTERIM PROCEDURES FOR REGISTRATION OF ARBITRATION COMMISSIONS

Category  ARBITRATION Organ of Promulgation  The State Council Status of Effect  In Force
Date of Promulgation  1995-07-28 Effective Date  1995-09-01  

Interim Procedures for Registration of Arbitration Commissions





(Promulgated by the State Council on July 28, 1995)

    Article 1  These Procedures are formulated according to the
Arbitration Law
of the People's Republic of China (hereinafter
referred to as the Arbitration Law).

    Article 2  The department for registration of arbitration
commissions shall be the judicial administrative department of
the people's governments of the provinces, autonomous regions or
municipalities directly under the central government.

    Article 3  An arbitration commission may be established in a
city where the people's governments of the provinces, autonomous
regions or municipalities directly under the central government
are located, and in other districted cities if the circumstances
require; it is unneccessary to establish one at every
administrative level.

    An arbitration commission to be established shall go through
the registration procedure for establishment with the registration
department; otherwise it's arbitration awards shall have no
legal validity.

    In processing an establishment registration, the following
documents shall be submitted to the registration department:

    (1) an application letter for the establishment of the
arbitration commission;

    (2) a document from the people's government of the city where
the arbitration commission is organized for the establishment of
the arbitration commission;

    (3) the Articles of the arbitration commission;

    (4) a certificate of the requisite funds;

    (5) a certificate of the address of the arbitration
commission;

    (6) a copy of the appointment letters for the personnel
appointed by the arbitration commission; and

    (7) a list of the names of the arbitrators to be appointed.

    Article 4  The registration department shall, within 10 days
after receiving the documents described in Paragraph 3 of Article
3 of these Procedures, grant an establishment registration to the
arbitration commission which satisfies the establishment
requirements and issue a registration certificate; those which
satisfy establishment requirements but provide documents that do
not satisfy the provisions in Paragraph 3 of Article 3 of
these Procedures shall be granted registration only after making
a supplementation; those which still do not satisfy the
provisions in Paragraph 1 of Article 3 of these Procedures shall
not be registered.

    Article 5  If an arbitration commission changes its address
or its personnel, it shall report to the registration department
for the record within 10 days after the change and shall submit
documents concerning the changed items to the registration
department.

    Article 6  If an arbitration commission decides to terminate,  
it shall process a cancellation of registration.

    When processing a cancellation of registration, the
arbitration commission shall submit the following documents or
certificates to the registration department:

    (1) an letter of application for cancellation of
registration;

    (2) a document issued by the people's government of the city
where the arbitration commission is organized agreeing to the
cancellation of the arbitration commission.

    (3) a liquidation report affirmed by the relevant agency; and

    (4) the registration certificate of the arbitration
commission.

    Article 7  The registration department shall, within 10 days
after receiving the documents or certificates described in
Paragraph 2 of Article 6 of these Procedures, cancel the
registration of the arbitration commission that satisfies the
termination requirements and withdraw the registration
certificate of the arbitration commission.

    Article 8  The registration department shall make effective
and publicize the establishment registration and cancellation of
registration as of the date of registration, and shall make a
report to the judicial administrative department under the State
Council for the record.

    The registration certificate of the arbitration commission
shall be printed by the judicial administrative department under
the State Council.

    Article 9  Arbitration institutions established before the
implementation of the Arbitration Law in cities where the
people's governments of the provinces, autonomous regions or
municipalities directly under the central government are located
or in other districted cities, shall be reorganized according to
the Arbitration Law and the relevant provisions by the State
Council and apply for establishment registration in accordance
with these Procedures; those which are not reorganized shall be
terminated after one year from the effective date of the
Arbitration Law.

    Other arbitration institutions established before the
implementation of the Arbitration Law that do not satisfy the
provisions of the Arbitration Law shall be terminated upon the
effective date of the Arbitration Law.

    Article 10  These Procedures shall become effective on
September 1, 1995.



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