Rule 80 Application of Foreignrelated
Arbitration Procedure
1. This Chapter shall apply to cases in which a party or both parties
are foreigners.
2. This Chapter shall apply by reference to cases in which a party
or both parties are from Hong Kong Special Administration Region,
Macao Special Administration Region or Taiwan Region.
Rule 81 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 Claimant, and send the duplicate of the Request for Arbitration
and the attached documents together with the Notice of Arbitration,
these Rules, the Panel of Arbitrators to the Respondent likewise.
Rule 82 Defense and Counterclaim
1. Within fortyfive (45) days (thirty (30) days for foreignrelated
cases under the Summary Procedure) upon receipt of the duplicate
of the Request for Arbitration, the Respondent shall file a Statement
of Defense and relevant evidence. Should the Respondent fail to
do so, the arbitral proceedings shall not be affected.
2. Should the Respondent assert a counterclaim, it shall be filed
in writing within the period of defense as stipulated above.
3. Within fortyfive (45) days (thirty (30) days for foreignrelated
cases under the Summary Procedure) upon receipt of the duplicate
of the counterclaim, the Claimant shall submit a Statement of Defense
and relevant evidence.
Rule 83 Measures of Preservation
Should a party apply for the preservation of property or evidence
in the territory of the Peoples Republic of China, the SZAC shall
in due time forward the application to the competent Peoples Court.
Rule 84 Formation of Arbitral Tribunal
1. Within twenty (20) days upon receipt of the Notice of Arbitration
the parties shall agree on the formation of the arbitral tribunal
and appoint the arbitrator(s).
2. Provisions of Rule 26, Rule 27 under these Rules shall apply
to the appointment of the presiding arbitrator/sole arbitrator.
3. In the event that the arbitrator appointed by the parties is
requested to withdraw from the arbitral tribunal or be replaced,
the parties shall reappoint the arbitrator pursuant to the provisions
in these Rules within twenty (20) days (ten (10) days for foreignrelated
cases under the Summary Procedure) upon receipt of the relevant
notice.
Rule 85 Notice of Oral Hearing
1. Should a case be arbitrated by holding an oral hearing, the
arbitral tribunal shall notify the parties in writing of the date
and place twenty (20) days (ten (10) days for foreignrelated cases
under the Summary Procedure) prior to the oral hearing.
2. Upon the agreement of the parties and with the consent of the
arbitral tribunal, an oral hearing may be held in advance. The parties
with justified reasons may apply for a postponement of the oral
hearing. Such application, however, has to be submitted in writing
ten (10) days prior to the oral hearing. The arbitral tribunal shall
decide whether or not to postpone the oral hearing.
Rule 86 Time Limit for Rendering Award
The arbitral tribunal shall render an arbitral award within five
(5) months (three (3) months for foreignrelated cases under the
Summary Procedure) as from the date of the formation thereof.
Rule 87 Requirement of Procedure
Should any party of a foreignrelated dispute fail to proceed with
arbitration under the procedure of this Chapter, the arbitral proceedings
shall not be affected.
Rule 88 Enforcement of Arbitral Award
Should a party fail to execute the arbitral award which has taken
legal effect, the other party may apply to the competent Peoples
Court in China for enforcement of the award pursuant to Chinese
laws, or apply to the competent court for recognition and enforcement
of the award in accordance with the 1958 United Nations Convention
on Recognition and Enforcement of Foreign Arbitral Awards or any
other international treaties that China has concluded or acceded
to.
Rule 89 Context Reference
Matters not stipulated in this Chapter shall apply to the relevant
provisions in other Chapters of these Rules. |
