Rule 7 Definition of Arbitration Agreement
1. An arbitration agreement under these Rules refers to the agreement
between the parties to submit their dispute to the SZAC for arbitration.
2. An arbitration agreement shall include an arbitration clause
in a contract or an agreement in other written forms providing for
arbitration. The soª²called ¡°other written forms¡± refer to a manifestation
of intention submitting for arbitration in forms of a contract,
letter or electronic data message (including telegram, telex, facsimile,
EDI or Email).
Rule 8 Separability of Arbitration Agreement
1. An arbitration agreement shall be treated separately.
2. The validity of an arbitration agreement shall not be affected
by any ineffectiveness, amendment, invalidity, existence, termination
or cancellation of a contract.
Rule 9 Validity Extension of Arbitration Agreement
1. Where a party has effected alteration due to combination, division,
termination and cancellation after it has reached an arbitration
agreement, the validity thereof shall extend to its assignee of
the right and obligation unless the parties agree otherwise when
reaching the arbitration agreement.
2. Where a party to an arbitration agreement dies, the validity
thereof shall extend to its successor of the right and obligation
in respect of matters for arbitration unless the parties agree otherwise
when reaching the arbitration agreement.
3. Where a party assigns its right and obligation in total or in
part, the validity of the arbitration agreement shall extend to
the assignee, unless the parties agree otherwise or the assignee
expressly states to the contrary or the assignee is not informed
of the existence of an arbitration agreement when being assigned.
Rule 10 The Appointment of Arbitration Institution
1. Where the accurate name of an arbitral institution is not clearly
specified in an arbitration agreement but the SZAC can be defined
thereby, it is deemed that the SZAC has been appointed in the arbitration
agreement.
2. Where the parties agree to refer the dispute to arbitration
under these Rules and thereby the SZAC can be defined as the dispute
solving institution, they shall be deemed to have agreed to refer
the dispute to the SZAC.
3. Where the parties agree to refer the dispute either to the SZAC
or to the People¥“s Court and a party files the application with
the SZAC whilst the other party does not raise its objection within
the period specified in paragraph 2, Article 20 of the Arbitration
Law, they shall be deemed to have agreed to refer the dispute to
the SZAC.
Rule 11 Matters for Arbitration
Where the parties agree in general that matters for arbitration
are disputes arising from a contract, then disputes arising from
the existence, validity, amendment, assignment, performance, liability
for breach of contract, interpretation and rescission of a contract
shall be matters for arbitration.
Rule 12 Objections to Jurisdiction
1. Any objections to the validity of an arbitration agreement shall
be raised in writing before the first oral hearing held by the arbitration
tribunal (exclusive of the day the first hearing is to be held).
Where a case is to be heard only on the basis of documents, such
an objection shall be raised in writing prior to the expiry of the
period of submitting the first substantive defense.
2. If a party has not raised any objections within the aforesaid
period, it shall be deemed to have no objections thereto.
3. If a party raises an objection to the validity of an arbitration
agreement, it may request the SZAC to make a decision or apply to
the People¥“s Court for a ruling.
4. Where the parties apply to the SZAC and to the People¥“s Court
respectively for deciding the validity of an arbitration agreement,
the decision of the SZAC shall come into effect if the SZAC has
accepted the application earlier than the People¥“s Court and has
made a decision thereon. The SZAC shall not make a decision in the
event that it has accepted the application yet has not made the
decision thereon whilst the People¥“s Court has accepted the application
for objection.
5. If a party raises an objection to the validity of an arbitration
agreement or to the SZAC¥“s jurisdiction, the SZAC may, or it may
delegate the power to the arbitral tribunal, to make a decision.
6. Where the SZAC is satisfied by prima facie evidence that an
arbitration agreement referring to the SZAC for arbitration exists,
it may make a decision based on such evidence that it has jurisdiction
over the arbitration case, and the arbitral proceedings shall resume.
Such a decision shall not prevent the SZAC from making a new decision
on jurisdiction based on facts and/or evidence found by the arbitral
tribunal during the arbitral proceedings that are inconsistent with
the prima facie evidence.
7. The SZAC shall give a written notice to the parties with respect
to its decision on jurisdiction. The claim shall be withdrawn if
the objection to the jurisdiction is sustained. The arbitration
shall proceed if the objection thereto is declined.
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