Rule 71 Application of This Procedure
1. Unless the parties otherwise agree to apply to the General Procedure,
the Summary Procedure shall be applicable to cases in which the
amount of dispute does not exceed RMB 800ª°000.
2. Where no amount of dispute is specified or the amount of dispute
is not definite, the SZAC shall determine whether or not the Summary
Procedure shall be applicable by taking into account of the complexity
of the dispute and the parties¥“ personal interest involved in the
case, etc.
3. A case applicable to the Summary Procedure shall proceed with
this Procedure if the amount of dispute of the counterclaim filed
by the Respondent does not exceed RMB 800ª°000.
4. A case previously applicable to the General Procedure shall
turn to be applicable to the Summary Procedure if a party to arbitration
withdraws its claim or counterclaim before the arbitral tribunal
is formed, with the result that the amount of dispute of the remaining
claim or counterclaim does not exceed RMB 800ª°000.
5. A case in which the claim for arbitration exceeds RMB 800ª°000
shall apply to the Summary Procedure if the parties agree so.
Rule 72 Change of Procedure
Unless the parties otherwise agree to keep on applying to the Summary
Procedure, a case previously applicable to the Summary Procedure
shall turn to apply to the General Procedure in the event that the
Claimant amends its claim giving rise to the amount of dispute exceeding
RMB 800ª°000 or the Respondent files a counterclaim with the amount
of dispute exceeding RMB 800ª°000.
Rule 73 Service of Documents
After accepting a Request for Arbitration, the SZAC shall in due
time send the Notice of Arbitration, these Rules, the Panel of Arbitrators
to the parties and send a duplicate of the Request for Arbitration
to the Respondent likewise.
Rule 74 Time Limit of Defense
The Respondent shall submit a Statement of Defense and relevant
evidence to the SZAC within ten (10) days upon receipt of the duplicate
of Request for Arbitration.
Rule 75 Formation of Arbitral Tribunal
1. An arbitral tribunal of a sole arbitrator shall be formed to
arbitrate a case applicable to the Summary Procedure.
2. Within ten (10) days upon receipt of the duplicate of the Request
for Arbitration by the Respondent, the parties shall jointly appoint
a sole arbitrator in the same way that the presiding arbitrator
is appointed under these Rules.
3. Should the parties fail to jointly appoint or jointly entrust
the Chairman of the SZAC to appoint a sole arbitrator within the
specified time limit, the Chairman of the SZAC shall make the appointment.
Rule 76 Notice of Oral Hearing
Should a case be arbitrated by holding an oral hearing, the arbitral
tribunal shall notify the parties in writing of the date and place
five (5) days prior to the oral hearing.
Rule 77 Time Limit for Rendering Award
The arbitral tribunal shall render an arbitral award within two
(2) months as from the date of the formation thereof.
Rule 78 Requirement of Procedure
Should any party of a case applicable to the Summary Procedure
fail to proceed with arbitration under the Summary Procedure, the
arbitral proceedings shall not be affected.
Rule 79 Context Reference
Matters not stipulated in this Chapter shall apply to the relevant
provisions in other Chapters of these Rules. |
