Rule 90 Prescriptions for Arbitration
Where the law provides prescription for arbitration, such provisions
shall apply. In the absence of such provisions, the prescription
for litigation shall apply to arbitration.
Rule 91 Time Limits
1. The time limits set forth in these Rules shall be counted by
the day, the month and the year. The day from which the time limit
begins shall not be counted as within the time limit.
2. Should the last day of the time limit be a public holiday, the
expiry date shall fall on the first day after the holiday.
3. The time limit shall not include traveling time. To mail or
send the arbitration documents before the expiration date shall
not be deemed as expired.
4. Should the parties exceed the time limit due to force majeure
or for other justified reasons, they may apply for an extension
of the time limit within ten (10) days after the obstacle is removed.
The SZAC or the arbitral tribunal shall decide whether to extend
the time limit or not.
Rule 92 Service
1. The arbitration documents and notices shall be served on the
parties or their representatives who shall sign or seal on the Proof
of Service and note the date of receipt.
2. Besides personal service arbitration documents and notices shall
be deemed to have been properly served on the parties if delivered,
by mail, facsimile, telegraph or telex, at the addressees legal
registered place of business, habitual residence, present mailing
address, address in the identity card, registered permanent residence
address, correspondence address in a contract or the address notified
by the addressee in writing. The date of receipt or the returned
date shall be the date of service.
Rule 93 Language
1. Unless the parties agree otherwise and with the consent of the
SZAC, the SZAC shall use Chinese as the official language.
2. Should the parties submit the documents in foreign languages,
they shall attach a corresponding Chinese version.
3. The SZAC may provide translators if required in arbitral proceedings.
The parties may bring their own translators. The cost of translation
shall be borne by the parties.
Rule 94 Coming into Force
1. These Rules shall be effective as from January 12008.
2. Cases accepted before these Rules become effective shall apply
to the Arbitration Rules effective at the date of acceptance. However,
these Rules shall apply if both parties so agree.
Rule 95 Interpretation
These Rules shall be interpreted by the SZAC.
SHENZHEN ARBITRATION COMMISSION
ARBITRATION FEE SCHEDULE
Case Acceptance Fee:
Amount of ClaimAmount of Fee
1,000 or less100
1,000 to 50,000100 Plus 5% of the excess over 1,000
50,000 to 100,0002550 Plus 4% of the excess over 50,000
100,000 to 200,0004550 Plus 3% of the excess over 100,000
200,000 to 500,0007550 Plus 2% of the excess over 200,000
500,000 to 1,000,00013550 Plus 1% of the excess over 500,000
1,000,000 or more18550 Plus 0.5% of the excess over 1,000,000
Case Handling Fee:
Amount of ClaimAmount of Fee
400,000 or less5000
400,000 to 1,000,0005000 Plus 0.8% of the excess over 400,000
1,000,000 to 3,000,0009800 Plus 0.5% of the excess over 1,000,000
3,000,000 to 5,000,00019800 Plus 0.4% of the excess over 3,000,000
5,000,000 to 10,000,00027800 Plus 0.3% of the excess over 5,000,000
10,000,000 to 30,000,00042800 Plus 0.2% of the excess over 10,000,000
30,000,000 to 50,000,00082800 Plus 0.15% of the excess over 30,000,000
50,000,000 or more112800 Plus 0.1% of the excess over 50,000,000 |
