Rule 1 Formulation Basis
These Rules are formulated in accordance with the Arbitration Law
of the People¥“s Republic of China (hereinafter referred to as the
¡°Arbitration Law¡±) for the purpose of impartial and prompt arbitration
of civil and commercial disputes and of protecting the legitimate
rights and interests of the parties.
Rule 2 SZAC
1. Shenzhen Arbitration Commission (hereinafter referred to as
the ¡°SZAC¡±), established and registered in accordance with the Arbitration
Law and based in Shenzhen, China, is a permanent arbitral institution
dealing with civil and commercial disputes.
2. The Chairman of the SZAC performs the functions and duties vested
in him/her by the Arbitration Law and these Rules while a viceª²chairman
may perform the Chairman¥“s functions and duties with the Chairman¥“s
authorization.
3. The SZAC establishes a Panel of Arbitrators. The Arbitrators
are appointed by the SZAC from among Chinese and foreigners with
professional knowledge and practical experience in fields of law,
economics and trade, science and technology, etc. pursuant to the
requirements and qualifications specified in the Arbitration Law.
Rule 3 Scope of Acceptance
The SZAC accepts cases involving disputes over contracts and over
property rights and interests between natural persons, legal persons
and other organizations that are equal subjects of law both in and
outside the territory of the People¥“s Republic of China.
Rule 4 Application of These Rules
1. These Rules shall apply to cases that the SZAC has accepted.
Unless otherwise agreed in writing by the parties, their agreement
shall prevail, except that these Rules agreed between the parties
is unable to be applied by the SZAC or will be in conflict with
the mandatory provisions of the law and regulations in the place
of arbitration.
2. A party who gets to know or should have known that any provision
of, or requirement under, these Rules has not been complied with
and yet proceeds with the arbitral proceedings without submitting
its objection in writing to such nonª²compliance before the award
is rendered shall be deemed to have waived its right to object and
shall not take it as the ground for applying for setting aside or
rejecting the arbitral award.
Rule 5 Arbitration Principles
Arbitration shall be conducted independently and impartially on
the basis of facts, by respecting the parties¥“ agreements, in compliance
with the law, with reference to international practices and in an
equitable and reasonable manner.
Rule 6 Effect of Arbitral Award
The arbitral award is final. Neither party shall apply for arbitration
nor bring a suit before the People¥“s Court regarding the same dispute
after an arbitral award is made. |
