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Laws of the People's Republic of China |
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| Category | ARBITRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1995-07-28 | Effective Date | 1995-07-28 |
|
Plan for the Reorganization of Arbitration Organs |
|---|
1. Concerning the Principles of the Reorganization of Arbitration Organs
(1) Grasp the spirit of the Arbitration Law of the People's Republic of
China (hereinafter referred to as the Arbitration Law) comprehensively and
accurately, and carrying out the reorganization of these arbitration organs
strictly according to the Arbitration Law.
(2) Embody the purpose of serving the people wholeheartedly and ensure
arbitration to solve economic disputes pursuant to the principles of fairness
and promptness.
(3) On the basis of the factual circumstances, reorganize the arbitration
organs according to necessity and possibility.
(4) Unify understanding, strengthen the leadership and arouse the positive
factors in all aspects in order to ensure the smooth transition of the
arbitration work.
2. On the Arbitration Commissions
(1) Only one unified arbitration commission may be established in any city
where the law provides for establishment of an arbitration commission, and no
special arbitration commission or arbitration tribunal shall be established
according to different specialties.
(2) The names of newly established arbitration commissions shall be
regulated; all arbitration commissions shall begin with the city name where
the arbitration commission is located (name of location + arbitration
commission), such as Beijing Arbitration Commission, Guangzhou Arbitration
Commission or Shenzhen Arbitration Commission.
(3) The arbitration commission shall be composed of one chairman, from two
to four vice chairmen and from seven to eleven commission members. Among
those, one or two persons shall be full-time commission personnel and the
others shall be part-time.
Membership in the arbitration commission shall be held by specialists and
persons with practical experience from colleges, scientific research
institutions or state agencies. The members of the arbitration commission may
or may not be arbitrators.
The members of the first session of an arbitration commission shall be
appointed by the people's government of that city upon recommendation by
various departments such as of governmental legal affairs, economics and
trade, construction reformation, justice, the administration for industry and
commerce, science and technology or urban construction, and organizations such
as the trade promotion commission or the association of industry and commerce.
(4) One secretary general shall be instituted in each arbitration
commission. The post of secretary general may be held concurrently by a
full-time member of the arbitration commission.
(5) A working body which shall be responsible for handling the acceptance
of arbitration cases, processing arbitration documents, file management and
collection and management of arbitration fees shall be established under the
arbitration commission. The secretary general shall be responsible for the
routine duties of the working body.
The establishment of the working body and arrangement of personnel shall
comply with the principles of streamlining and high efficiency. During the
initial period of operation of the arbitration commission, it is not necessary
for the working body to have excessive personnel. The number of personnel may
be suitably increased with the increase of the arbitration work load.
The personnel of the working body shall possess good moral character and
professional skills and shall be appointed on the basis of competitive
selection.
3. Concerning the Arbitrators
(1) A full-time arbitrator shall not be established in the arbitration
commission.
(2) Arbitrators shall be appointed according to law by the
newly-established arbitration commission.
The arbitration commission shall, mainly from within its province,
autonomous region or municipality directly under the central government,
appoint arbitrators from among those who satisfy the conditions in the
provisions of Article 13 of the Arbitration Law.
The public servants and personnel of agencies of the public servant
system, if they satisfy the requirements described in Article 13 of the
Arbitration Law and have the approval of their units, may be appointed as
arbitrators, but they shall not allow the arbitration work to interfere with
their regular duties.
The arbitration commission shall establish a list of arbitrators according
to different specialties.
(3) In accordance with the arbitration rules, the arbitrators shall be
paid by the arbitration commission for handling arbitration cases. Unless they
deal with arbitration cases, the arbitrators shall not receive any payment or
other fees.
4. Concerning the Size, Funds and Site of Arbitration Commissions
During the initial period of the establishment of the arbitration
commission, the local people's government of that city shall, according to the
relevant provisions on institutional organizations, arrange the establishment
of the staff, funds and sites for the arbitration commission. The arbitration
commission shall gradually establish a system of independent revenue and
expenditure.
5. Concerning the Merger of Newly Established Arbitration Commissions and
Existing Arbitration Organs
(1) As to the appointment of arbitrators or employment of personnel for
the working body, those in existing arbitration organs who satisfy the
requirements shall be considered first.
(2) If parties concerned have formed an arbitration agreement before the Article 1 These Articles are formulated according to the Arbitration Law Article 2 Contractual disputes and other disputes involving property This Arbitration Commission will not accept applications for arbitration Article 3 This Arbitration Commission (hereinafter referred to as the Article 4 The Arbitration Commission shall be composed of one chairman, One secretary general shall be instituted in the Arbitration Commission. A list of the members of the Arbitration Commission shall be submitted to Article 5 The term of each session of the Arbitration Commission shall be The replacement of the members of next session of the Arbitration The duties of the preceding session of the Arbitration Commission shall be Article 6 The members of the new session of the Arbitration Commission Article 7 Meetings of the Arbitration Commission shall be presided over Article 8 Meetings of the Arbitration Commission are mainly responsible (1) to consider important items such as the working policy or working plan (2) to deliberate over and pass the annual working report and financial (3) to decide upon eligible candidates for the secretary general of the (4) to consider and pass the plan for the establishment of the working (5) to decide upon the appointment, dismissal or removal of arbitrators; (6) to decide upon the withdrawal of the chairman if he acts as an (7) to revise the Articles of the Arbitration Commission; (8) to make a decision concerning adjourning the Arbitration Commission; (9) other duties described in the Arbitration Law, arbitration rules and Article 9 The chairman's meeting shall be composed of the chairman, vice Article 10 The Arbitration Commission may establish specialist Specialist consultative organs shall institute one person in charge to be Article 11 If the Arbitration Commission session makes a decision to Article 12 A working body shall be established under the Arbitration The working body shall be mainly responsible for the following: (1) to directly deal with procedural affairs, such as the acceptance of (2) to collect and manage arbitration fees; and (3) to deal with other matters designated by the Arbitration Commission. Article 13 Decisions to employ personnel of the working body shall be Article 14 A list of the arbitrators shall be proposed by the chairman's The tenure of appointment of the arbitrators shall be three years, and may Article 15 The Arbitration Commission shall draw up a list of arbitrators The list of the arbitrators shall be submitted to the Chinese Arbitration Article 16 The arbitrators shall strictly abide by the arbitration rules Article 17 The arbitrators shall treat both parties equally, and shall Article 18 After accepting a case, the arbitrator shall make a serious Article 19 When holding hearings, the arbitrator shall hear fully the Article 20 If the arbitrator is approved to meet with the party or his Article 21 The arbitrators shall promptly meet after the termination of Article 22 The arbitrators shall maintain the secrecy of the arbitration Article 23 The Arbitration Commission shall dismiss any of arbitrator (1) concealing circumstances which should be withdrawn and which thereby (2) failing to attend the hearings without rational reasons; and (3) other circumstances unbecoming with continued duty as an arbitrator. Article 24 Any arbitrator who meets with either party or their agents Article 25 The Arbitration Commission shall adopt an independent Article 26 The financial resources of the Arbitration Commission include: (1) assistance from the government; (2) the arbitration fees handed in by parties involved; (3) other legal income. Article 27 When the Arbitration Commission terminates, its property shall Article 28 These Articles shall be explained by the Arbitration Article 29 These Articles shall be effective as of the date of approval Article 1 These Interim Rules are formulated according to the relevant Article 2 Contractual disputes and other property rights and interests This Arbitration Commission does not accept arbitration applications Article 3 A decision by the parties involved to adopt arbitration as the Article 4 An agreement to hold arbitration shall include an arbitration An agreement to hold arbitration shall contain the following: (1) expression of intent to apply for arbitration; (2) the items to be discussed in arbitration; (3) expression of intent to select this Arbitration Commission. Article 5 The agreement to hold arbitration shall be independent, and the The arbitration tribunal shall be entitled to have the authority to affirm Article 6 Any party who disagrees with the effectiveness of the Any party who disagrees with the effectiveness of the arbitration Article 7 Any party who applies for arbitration shall satisfy the (1) possession of an agreement to hold arbitration; (2) possession of an accurate arbitration application and the facts and (3) the application is within the scope of this Arbitration Commission. Article 8 When applying for arbitration, the applicant shall submit the Article 9 The following items shall be clearly stated in the application (1) the name, sex, age, profession, employer and address of the applicant (2) the arbitration petition and the related facts and reasons; (3) any evidence and sources of evidence, and the name and address of any Article 10 Within five days from receiving the application for After receiving the application letter for arbitration, this Arbitration Article 11 After receiving the application letter for arbitration, this After receiving the copy of the application for arbitration, the defendant Article 12 The applicant may abandon or change the arbitration This Arbitration Commission shall, within 15 days from receiving the The applicant shall submit a written plea to this Arbitration Commission Article 13 One party may, if it is possible that the award cannot be If any party applies for property preservation, this Arbitration If the application proves to be faulty, the applicant shall reimburse the Article 14 A party or agent may authorize a lawyer or other agent with Article 15 The arbitration tribunal may be composed of three arbitrators Article 16 If the parties agree that the arbitration tribunal shall be If the parties agree that the arbitration tribunal is to be composed of Article 17 If the parties fail to agree on the composition of the Article 18 After the establishment of the arbitration tribunal, this Article 19 Any arbitrator who falls into any of the following categories (1) those who are parties to the case or relatives of any party or their (2) those who have a vested interest in the case; (3) those who have other relations with either party or their agents which (4) those who meet with either party or their agents on their own or Article 20 Any party who proposes a withdrawal application, shall state Article 21 Whether the arbitrator is withdrawn or not shall be decided by Article 22 If any arbitrator is unable to perform his or her duties After a new arbitrator has been chosen or appointed due to withdrawal of Article 23 Any arbitrator who meets with either party or their agents on Article 24 Hearings shall be held for arbitration. If the parties agree Article 25 Arbitration shall not be held publicly. It may be held in Article 26 The Arbitration Commission shall notify the parties of the Article 27 If the applicant notified in written form fails to attend the If the applicant notified in written form fails to attend the hearings or Article 28 Each party shall provide evidence for any claims. The tribunal may collect any evidence it deems necessary. Article 29 Original documents shall be supplied for any documentary If documentary evidence in a foreign language is provided, it shall be Article 30 If the arbitration tribunal deems it necessary to evaluate a According to petitions by either party or requests by the arbitration Article 31 Any evidence shall be produced during the hearings, and the Article 32 In the event that evidence is likely to be destroyed or lost, Article 33 The parties shall have the right to argue during arbitration. Article 34 The arbitration tribunal shall make a written record of the The record shall be signed or stamped by the arbitrators, stenographer, Article 35 After applying for arbitration, the parties may make a Article 36 Any party who retracts consent after the reconciliation Article 37 The arbitration tribunal may conduct conciliation before the If an agreement is reached through conciliation, the arbitration tribunal Article 38 The conciliation statement shall state clearly the result of The conciliation statement shall come into legal effect upon signing after If the parties make a retraction before signing after they have received Article 39 The award statement shall be made according to the majority Article 40 When the arbitration tribunal arbitrates a dispute, if a Article 41 The arbitration tribunal shall make an award within four Article 42 The arbitration application, disputed facts, reasons of If the parties agree not to record the disputed facts and reasons of The award statement shall be signed by the arbitrators. The dissenting Article 43 After being signed by the arbitrators, the award statement Article 44 The award statement shall come into legal effect as of the Article 45 The arbitration tribunal shall make any additions or Article 46 The parties may apply to the intermediate people's court in (1) there was no agreement to hold arbitration; (2) the arbitration items were not subject to the scope of the agreement (3) the composition of the arbitration tribunal or the arbitration (4) the evidence the award is based on was forged; (5) the counter party concealed the evidence which affected fair award; (6) the arbitrator demanded or accepted bribes, committed malpractice in Article 47 The parties shall comply with the award within the time period If one party fails to comply with the arbitration award, the other party Article 48 Any law containing provisions concerning the limitations of Article 49 Unless the parties otherwise agree or the arbitration tribunal Article 50 The time period shall be calculated according to the hour, the If the expiration date of a time period falls on a holiday, then the day A time period shall not include traveling time. Arbitration documents, Article 51 A party who fails to meet a deadline due to force majeure or Article 52 The arbitrator's fee shall be determined by this Arbitration The arbitrator's fee shall be paid from the fees for accepting arbitration Article 53 These Interim Rules shall come into effect as of the date of:
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termination of an existing arbitration organ and make a supplementary
agreement to decide on a new arbitration commission after the termination of
the said existing arbitration organ, they may apply to the newly chosen
arbitration commission for arbitration according to the Arbitration Law; if
the parties fail to reach a supplementary agreement, the original arbitration
agreement shall be invalid.
Appendix I Sample Text of the Articles of the Arbitration Commission
Chapter I General Provisions
of the People's Republic of China (hereinafter referred to as the Arbitration
Law) for the purpose of regulating the activities of this Arbitration
Commission, ensuring the fair and timely arbitration of the economic disputes
and protecting the lawful rights and interests of all parties involved.
rights and interests occurring between equal citizens, corporations or other
organizations may apply to this Arbitration Commission for arbitration.
of labor disputes or internal agricultural contract disputes of agricultural
collective economic organizations.
Arbitration Commission) is located in the city of....
Chapter II The Arbitration Commission
from two to four vice chairmen and from seven to eleven members. Among those,
one or two persons shall be the commission's full-time personnel and the
others shall be part-time.
The post of secretary general may be held concurrently by a full-time member
of the Arbitration Commission.
the Chinese Arbitration Association for filing.
three years. Upon the expiration of the term, one third of members shall be
replaced.
Commission shall be completed two months before the expiration of the term of
the current Arbitration Commission; if it is not completed owing to special
circumstances, it shall be completed within three months from the expiration
of the term of the current Arbitration Commission.
ended with the formation of the new session.
shall, upon the nominations of the chairman's meeting of the preceding session
and in consultation with the relevant departments of the people's government
of the city and the commerce chambers, be appointed by the people's government
of the city.
by the chairman or a vice chairman who has been authorized by the chairman. A
meeting may be held when not less than two thirds of the members are present.
A decision to revise the Articles of the Arbitration Commission or to adjourn
the Arbitration Commission shall be passed by not less than two thirds of all
the members; other decisions shall be passed by not less than two thirds of
the present members.
for the following:
of the Arbitration Commission, and to make relevant decisions;
report raised by the secretary general of the Arbitration Commission;
Arbitration Commission and the persons to be in charge of specialist
consultation organs;
body of the Arbitration Commission;
arbitrator;
and
these Articles.
chairmen and the secretary general, and shall be responsible for handling
important routine duties of the Arbitration Commission during the periods when
the Arbitration Commission is not in session.
consultation organs where necessary which shall provide consultative advice on
difficult problems for the Arbitration Commission and the arbitrators.
held by a vice chairman of the Arbitration Commission.
dissolve the Commission, and it is agreed to by the people's government of the
city, the Arbitration Commission shall be terminated.
Chapter III The Working Body
Commission. Under the secretary general of the Arbitration Commission, the
working body shall be responsible for dealing with the routine duties of the
Arbitration Commission.
arbitration cases, processing of arbitration documents and file management;
made by the chairman's meeting of the Arbitration Commission.
Chapter IV Arbitrators
meeting of the Arbitration Commission. Upon deliberation and passage by the
Arbitration Commission meeting, the arbitrators shall be appointed by the
Arbitration Commission and a letter of appointment shall be issued.
be extended upon expiration.
according to different specialties.
Association for filing.
and shall ensure that all parties involved enjoy their rights as described in
the arbitration rules.
not represent or take sides with any party.
and thorough reading and examination of all the evidence and materials
submitted by the parties in preparation for hearing the case.
statements by the two parties and earnestly discern the facts.
agent by the arbitration tribunal or the Arbitration Commission, the meeting
shall be held at the office of the Arbitration Commission; without the
approval of the arbitration tribunal or the Arbitration Commission, the
arbitrator shall not meet with either party or their agents independently,
accept evidence or materials from either party or their agents or discuss
circumstances concerning the arbitration case with either party or their
agents independently.
the case hearings, and shall issue the award according to provisions.
process and shall not reveal such things as the case proceedings, status of
the arbitration tribunal's decision or any trade secrets.
under any of the following circumstances:
affect the case hearings adversely;
without approval, accepts dinner invitations or gifts from either party or
their agents, or, during arbitration, demands or accepts a bribe, commits
malpractice while in search of personal gain or twists the law in making an
award shall bear legal responsibility according to the law and shall be
removed by the Arbitration Commission.
Chapter V Financing
accounting financial system.
be liquidated. After liquidation, the remaining property shall belong to the
state.
Chapter VI Supplementary Provisions
Commission.
by the people's government of this city.
Appendix II Sample Text of the Interim Rules of Arbitration
Chapter I General Provisions
provisions of the Arbitration Law of the People's Republic of China
(hereinafter referred to as the Arbitration Law) and the Civil Procedure Law
of the People's Republic of China (hereinafter referred to as the Civil
Procedure Law), for the purpose of ensuring the fair and timely arbitration of
economic disputes and protecting the lawful rights and interests of the
parties involved.
disputes occurring between equal citizens, legal persons and other
organizations may apply to this Arbitration Commission for arbitration.
concerning labor disputes or internal agricultural contract disputes of
agricultural collective economic organization.
means of settling a dispute must be agreed to by both parties voluntarily. If
there is no agreement to hold arbitration and one party applies for
arbitration, that party shall be refused by the Arbitration Commission.
clause in a contract and any other written agreements to apply for arbitration
reached before or after the dispute.
alteration, dissolution, termination or invalidity of the contract does not
affect the force of the agreement.
the effectiveness of the agreement.
arbitration agreement may apply to this Arbitration Commission for a decision
or may file a petition with the people's court for adjudication. Where one
party applies to this Arbitration Commission to make a decision and another
party applies to the people's court for adjudication, the people's court shall
make an adjudication.
agreement shall raise the objection before the first hearings of the
arbitration tribunal; if the parties agree not to hold hearings, any
objections shall be raised before the submission of the first plea.
Chapter II Application and Acceptance
following requirements:
reasons;
arbitration agreement, application for arbitration and copies of these
documents.
letter for arbitration:
and the defendant; the name and address of the corporation or other
organization, and the name and position of the legal representative or the
chief person in charge;
witnesses.
arbitration, this Arbitration Commission shall, considering the application
satisfies the acceptance requirements, accept it and notify the parties; the
Arbitration Commission may also accept the application at once and notify the
parties; if the application does not satisfy the acceptance requirements, this
Arbitration Commission shall notify the parties of the refusal in written form
and give the reasons.
Commission may demand that the applying party provide supplementary materials
or make corrections within a specified period if the application for
arbitration does not satisfy the provisions of Article 9 of these Interim
Rules; if no additions or corrections are made when due, it shall be deemed
that the application has not been received.
Arbitration Commission shall deliver these Interim Rules and the list of
arbitrators to the applicant within 15 days, and deliver a copy of the
application for arbitration, these Interim Rules and the list of arbitrators
to the defendant.
shall submit a plea to the Arbitration Commission within 15 days. After
receiving the plea, the Arbitration Commission shall deliver a copy of the
plea to the applicant within 15 days. If the defendant fails to submit a plea,
it shall not affect the process of the arbitration procedure.
application. The defendant may acknowledge or refute the arbitration
application, and shall be entitled to file a counter-petition.
application for counter-petition raised by the defendant, deliver a copy of
the application letter for counter-petition to the applicant.
within 15 days from receiving the application letter for counter-petition; if
no written plea is raised, it shall not affect the process of the arbitration
procedure.
executed or be will executed only with great difficulties because of the
actions of another party or for other reasons, apply for property preservation.
Commission shall submit the application of the applicant to the people's court
in accordance with the relevant provisions of the Civil Procedure Law.
defendant any losses caused by the property preservation.
carrying out the arbitration activities. The authorized lawyer or other agent
shall submit a letter of authorization to this Arbitration Commission before
engaging in arbitration activities.
Chapter III Composition of the Arbitration Tribunal
or one arbitrator. If it is composed of three, a chief arbitrator shall be
selected.
composed of three arbitrators, they shall each choose an arbitrator or
authorize the chairman of this Arbitration Commission to appoint one
arbitrator each, the third arbitrator to be chosen jointly by both parties or
appointed by the chairman with the joint authorization of both parties. The
third arbitrator shall be the chief arbitrator.
one arbitrator, he shall be chosen jointly by both parties or appointed by the
chairman with the joint authorization of both parties.
arbitration tribunal or fail to select the arbitrators within 15 days from
receiving the notification of acceptance of arbitration, the arbitrators shall
be appointed by the chairman of this Arbitration Commission.
Arbitration Commission shall, within five days after the establishment of the
arbitration tribunal, notify the parties in written form of the composition of
the arbitration tribunal, or may also notify the parties in written form of
the composition of the arbitration tribunal on the date of establishment.
shall withdraw from the case; any party has the right to propose a withdrawal
application:
agents;
may possibly affect a fair award;
accept gifts or dinner invitations from either party or their agents.
the reasons and make an application before the first hearings. If the reasons
for the withdrawal are not known until after the first hearings, an
application may be raised before the termination of the final hearings.
the chairman of this Arbitration Commission; when the chairman is acting as an
arbitrator, withdrawal shall be decided by a meeting of this Arbitration
Commission.
because of withdrawal or other reasons, a new arbitrator shall be chosen or
appointed according to the provisions of the Arbitration Law and these Interim
Rules.
the original arbitrator, either party may apply to begin the arbitration
procedure anew, whether or not permission shall be granted shall be decided by
the arbitration tribunal; the arbitration tribunal may itself decide whether
or not to begin the arbitration procedure anew.
their own or accepts gifts or dinner invitations from either party or their
agents and the case is serious, or who during arbitration demands or accepts a
bribe, commits malpractice while in search of personal gain or twists the law
in making an award, shall bear all legal responsibilities according to the law
and shall be removed by the Arbitration Commission.
Chapter IV Hearings and Adjudication
not to hold a hearing, the arbitration tribunal may give an award on the basis
of the application for arbitration, pleas and other materials.
public if both parties agree, unless state secrets are involved.
date of the hearings 10 days before the hearings are to be held by the
arbitration tribunal; the hearings may be held ahead of time if the parties
obtain consent from the arbitration tribunal. Any party who has rational
reasons may apply for a delay of the hearings within seven days before the
hearings; whether or not to delay the hearings shall be decided by the
arbitration tribunal.
hearings or exits the hearings in mid-proceedings without the permission of
the arbitration tribunal, it shall be deemed that the arbitration application
is revoked.
exits the hearings in mid-proceedings without the permission of the
arbitration tribunal, an award by default may be made.
evidence. The original objects shall be submitted for any physical evidence.
If there are difficulties in submitting the original documentary evidence or
physical evidence, duplications, photographs, copies or abstracts may be
provided.
accompanied by a Chinese version.
technicality, it may be evaluated by an evaluation organization agreed upon by
the parties, or may be evaluated by an evaluation organization appointed by
the arbitration tribunal.
tribunal, the evaluation organization shall arrange a witness to attend the
hearings. With permission of the arbitration tribunal, a party may raise
questions to the witness.
parties may confront each other.
or is difficult to obtain later, a party may apply for evidence preservation.
If a party applies for evidence preservation, this Arbitration Commission
shall transmit the party's application to the local people's court in the
locality where the evidence is located.
When the arguing terminates, the chief arbitrator or arbitrator shall ask for
the final opinions of the parties.
hearings. If either party or other participants consider that there are
omissions or errors in the record with respect to their statements, they shall
have the right to request additions or corrections to be made; if the addition
or correction is not permitted, the application shall be noted.
parties and other participants.
reconciliation. If a reconciliation is reached, the parties may request the
arbitration tribunal to make the award statement according to the
reconciliation, and may also revoke the application for arbitration.
agreement has been reached and the application for arbitration is revoked may
apply for arbitration according to the arbitration agreement.
award is made. If the parties voluntarily desire a conciliation, the
arbitration tribunal shall conduct conciliation. If no agreement is reached
through conciliation, the arbitration tribunal shall make a prompt award.
shall draw up a conciliation statement or award statement according to the
conciliation result. The conciliation statement shall have the same legal
effectiveness as the award statement.
the application for arbitration and the agreement between the parties. The
conciliation statement shall be signed by the arbitrators and sealed by this
Arbitration Commission, and delivered to both parties.
being received.
the conciliation statement, the arbitration tribunal shall make a prompt award.
opinion of the arbitrators, and the dissenting opinions of the minority may be
noted down for the record. If a majority opinion cannot be formulated, the
award shall be made according to the opinion of the chief arbitrator.
portion of the facts are clear, the arbitration tribunal may first make an
award concerning this portion.
months after its establishment. If due to special circumstances it is
necessary to extend this time, an appropriate extension shall be made after
the chief arbitrator or arbitrator reports to this Arbitration Commission for
approval.
award, result of award, responsibility for arbitration expenses and the date
of award shall be stated in the award statement.
award, they shall not be recorded.
arbitrators may or may not sign.
shall be stamped by this Arbitration Commission.
date of its making.
corrections to the literary or mathematical errors in the award statement or
to omissions in the award statement made by the arbitration tribunal; the
parties may, within 30 days of receiving the award statement, request
additions and corrections to be made by the arbitration tribunal.
the locality of this Arbitration Commission for revoking the award within six
months of receiving the award statement, if any of the following circumstances
can be proved through evidence:
to hold arbitration or were beyond the arbitration jurisdiction of the
arbitration commission;
procedures violated legal procedures;
search for personal gain or twisted the law in making an award during
arbitration.
specified in the arbitration award statement. If a time period has not been
specified, the parties shall comply with the award at once.
may, according to the relevant provisions of the Civil Procedure Law, apply to
the people's court for enforcement.
Chapter V Supplementary Provisions
arbitration shall be complied with; if no provisions concerning the
limitations of arbitration appear in any law, provisions concerning the
limitations of legal proceeding shall be complied with.
otherwise demands, the arbitration documents, notifications and materials may
be directly delivered to the parties or their agents, or may be delivered to
the parties or their agents through the post, facsimile or telegram.
day, the month and the year. The hour and day from which a time period begins
shall not be counted as within the time period.
immediately following the holiday shall be regarded as the expiration date.
materials or notifications that are mailed or delivered before a deadline
shall not be regarded as overdue.
for other legitimate reasons, may apply for an extension of the time limit
within 10 days after the obstacle is removed. The requested extension shall be
subject to approval by this Arbitration Commission or the arbitration tribunal.
Commission according to the circumstances of handling an arbitration case such
as the working time, the degree of difficulty and the size of the dispute.
cases collected by this Arbitration Commission.
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