Section 1 Application and Acceptance
Article 21 Where any party intends to submit a dispute to arbitration, the following requirements shall be met:
(1) there is an arbitration agreement;
(2) he has a concrete claim, together with facts and grounds; and
(3) the dispute is within the arbitral scope of the Arbitration Commission.
Article 22 In applying for arbitration, a party shall submit to the Arbitration Commission the arbitration agreement, an
application for arbitration and its duplicates.
Article 23 An application for arbitration shall include the following particulars:
(1) the name, sex, age, occupation, place of work and domicile of the parties, or if the party is a legal person or other
organizations, its name and domicile, and the name and position of its legal representative or of the person in charge;
(2) the arbitration claim and the facts and grounds on which the claim is based; and
(3) the evidence and its source, as well as the names and domiciles of witnesses.
Article 24 Within 5 days after receiving an application for arbitration, the Arbitration Commission shall, if it deems that
the requirements for acceptance have been satisfied, accept the application and notify the party, or if it deems that the
requirements for acceptance have not been satisfied, notify the party in writing that the application has been rejected
and provide due explanation.
Article 25 After accepting the application, the Arbitration Commission shall, within the time limits as provided for by
the arbitration rules, serve the Claimant with the arbitration rules and the roll of arbitrators, and serve the Respondent
with a duplicate of the application for arbitration, as well as the arbitration rules and the roll of arbitrators.
After receiving the duplicate of the application for arbitration, the Respondent shall, within the time limits as provided
for by the arbitration rules, submit his defence to the Arbitration Commission. After receiving the defence, the Arbitration
Commission shall, within the time limits as provided for by the arbitration rules, serve the Claimant with a duplicate of
the defence. Failure by the Respondent to file a bill of defence shall not prevent the arbitration proceedings from being
carried out.
Article 26 In the event that a party, despite of the existence of an arbitration agreement, brings a lawsuit before a
people's court without a statement of the existence of the agreement, and the people's court has accepted it as a case, if
the other party submits the arbitration agreement before the first hearing of the court, the people's court shall reject the
suit with the exception that the arbitration agreement is null and void; if the other party does not raise any challenge to
the jurisdiction of the court before the first hearing, he shall be deemed to have abandoned the arbitration agreement,
and the people's court shall continue its proceedings.
Article 27 The Claimant may abandon or modify his claim. The Respondent may either accept or refuse the claim, and
he shall be entitled to file his counter-claim.
Article 28 Where it becomes impossible or difficult to execute an arbitral award because of the acts of the other party
or for other reasons, a party may apply for economic preservative measures.
Where a party applies for economic preservative measures, the Arbitration Commission shall refer it to the people's
court in accordance with the relevant provisions of the Civil Procedure Law.
If the application comes to be false, the applicant shall compensate the other party for any loss of property due to the
economic preservative measures.
Article 29 A party or his agent ad litem may entrust a lawyer or other agent to act on his behalf in arbitration. Those
who intend to entrust a lawyer or other agent to act on his behalf in arbitration shall submit to the Arbitration Commission
a power of attorney.
Section 2 Formation of Arbitration Tribunal
Article 30 An Arbitration Tribunal may consist of either three or a sole arbitrator. Where an Arbitration Tribunal
consists of three arbitrators, a presiding arbitrator shall be appointed.
Article 31 Where the parties have agreed that the Arbitration Tribunal shall be composed of three arbitrators, they
shall respectively select or respectively authorize the Chairman of the Arbitration Commission to appoint an arbitrator,
and the third arbitrator shall be selected jointly by the parties or be appointed by the Chairman of the Arbitration
Commission with the authorization jointly by the parties. The third arbitrator shall be the presiding arbitrator.
Where the parties have agreed that the Arbitration Tribunal shall be composed of a sole arbitrator, that arbitrator shall
be selected jointly by the parties or be appointed by the Chairman of the Arbitration Commission with the authorization
jointly by the parties.
Article 32 Where the parties, within the time limits as provided for by the arbitration rules, fail to agree on the
formation of the Arbitration Tribunal or fail to select the arbitrator(s), the formation of the Arbitration Tribunal or the
arbitrator(s) shall be decided or appointed by the Chairman of the Arbitration Commission.
Article 33 After an Arbitration Tribunal has been formed, the Arbitration Commission shall notify the formation of the
Arbitration Tribunal in writing to the parties.
Article 34 Where any arbitrator comes under any of the following circumstances, he shall withdraw from his office,
also the parties shall have the right to make a request for a withdrawal of him from his office:
(1) he is a party or a near relative of a party or of the agent of a party to the case;
(2) he has a personal interest in the case;
(3) he has other relationship with a party or the agent of a party to the case that cause doubts to his impartiality; or
(4) he has secretly met with a party or the agent of a party, or accepted lavish dinner and gift offered by a party or the
agent of a party.
Article 35 The party who challenges an arbitrator shall state the reason and make a request for withdrawal before the
first hearing. Where the reason for challenge becomes known after the first hearing, the request for withdrawal may be
made before the end of the last hearing.
Article 36 The Chairman of the Arbitration Commission shall decide on the withdrawal of an arbitrator; the Arbitration
Commission shall decide on the withdrawal of the Chairman of the Arbitration Commission as an arbitrator.
Article 37 Where an arbitrator cannot perform his functions because of his withdrawal or for other reasons, a
substitute arbitrator shall be selected or appointed in accordance with the provisions of this Law.
After the substitute arbitrator has been selected or appointed upon the withdrawal, the parties may request that the
arbitral proceedings in progress begin anew, and the Arbitration Tribunal shall decide to permit or not; the Arbitration
Tribunal may also decide of itself whether or not the arbitral proceedings shall begin anew.
Article 38 Where any arbitrator comes under the circumstances as mentioned in Item (4) of Article 34 of this Law and
the case is serious, or under the circumstances as mentioned in Item (6) of Article 58 of this Law, he shall be
investigated for legal responsibilities according to law, and the Arbitration Commission shall remove his name from the
roll of arbitrators.
Section III Hearing and Award
Article 39 Arbitration shall be conducted by means of oral hearing. Where the parties agree to omit oral hearing, the
Arbitration Tribunal may make an award according to the application for arbitration, the bill of defence and other papers.
Article 40 Arbitration shall be conducted in camera. Where the parties agree on open hearing, it may be done so, with
the exception that any state secrets are involved.
Article 41 The Arbitration Commission shall, within the time limits as provided for by the arbitration rules, notify both
sides of the parties the date of oral hearing. With justified reasons, a party may, within the time limits as provided for by
the arbitration rules, request for an postponement of the date of oral hearing. The Arbitration Tribunal shall decide on the
request.
Article 42 The Applicant who has been notified in writing to but fails to appear at the hearing without any justified
reason or leaves the session in the progress of the hearing without permission of the Arbitration Tribunal shall be
deemed to withdraw his application for arbitration.
Where the Respondent who has been notified in writing fails to appear at the hearing without any justified reason or
leaves the session in the progress of the hearing without permission of the Arbitration Tribunal, the Arbitration Tribunal
may make an award by default.
Article 43 The parties shall give evidence for their own arguments.
The Arbitration Tribunal may, when it considers necessary, make investigation and collect evidence on its own
initiative.
Article 44 The Arbitration Tribunal may, when it considers necessary, refer a specialized issue for appraisal to an
appraisal agency agreed upon by the parties or appointed by the Tribunal itself.
The appraisal agency shall, on the request of the party or the demand of the Arbitration Tribunal, send an appraiser to
attend the hearing. With permission of the Arbitration Tribunal, the parties may put questions to the appraiser.
Article 45 Evidence shall be presented during the hearings, and the parties may make challenges thereon.
Article 46 Under circumstances where there is a likelihood that evidence may be destroyed or lost or difficult to obtain
later on, the parties may apply for the evidence to be preserved. Where a party applies for any evidence to be
preserved, the Arbitration Commission shall pass the application on to the basic people's court at the place of the
evidence.
Article 47 The parties shall have the right to carry on debate in the course of arbitration. The presiding arbitrator or the
sole arbitrator shall, at the end of the debate, seek the final statements of the parties.
Article 48 The Arbitration Tribunal shall make a written record of the hearing. If any party or any other participant in the
hearing holds that there is any omission or error in the records of his statements, he shall have the right to apply for
supplement or correction. The application shall be recorded if it is rejected.
The written record shall be signed or sealed by the arbitrator(s), recorder, parties and any other participants in the
hearing.
Article 49 The parties may make reconcilement of themselves after they have submitted their dispute to arbitration.
Where a settlement is reached through reconcilement, the parties may either ask the Arbitration Tribunal to make an
award according to the agreement on reconcilement or withdraw the application for arbitration.
Article 50 Where he retracts after an agreement on reconcilement has been reached, the party may apply for
arbitration again by virtue of the arbitration agreement after the original application for arbitration has been withdrawn.
Article 51 The Arbitration Tribunal may conduct conciliation first before making an award. Where the parties
themselves wish to make a settlement through conciliation, the Arbitration Tribunal shall conduct conciliation. Failing
settlement through conciliation, an award shall be made without delay.
Where a conciliation agreement has been reached, the Arbitration Tribunal shall either draw up a conciliation
statement or give an award according to the conciliation agreement. The conciliation statement and the award shall be of
equal legal effect.
Article 52 The arbitral claim and the settlement agreed on by the parties shall be stated in a conciliation agreement.
The conciliation statement shall be signed by the arbitrator(s) with the seal of the Arbitration Commission and then be
served to both sides of the parties.
The conciliation statement shall become effective as soon as both sides of the parties have signed for receipt thereof.
Where any party retracts before he signs for receipt of the conciliation statement, the Arbitration Tribunal shall make
an award without delay.
Article 53 The award shall be decided by the majority of the arbitrators, while the minority opinion may be put in a
written record. Where no majority is obtainable, the award shall be decided by the presiding arbitrator.
Article 54 The award shall be written into the arbitral claim, the facts of the dispute, the reasons for the decisions, the
result of the award, the arbitration costs to be borne and the date on which the award was made. The facts of the dispute
and reasons for the award may be omitted if they are agreed to be by the parties. The award shall be signed by the
arbitrator(s) with the seal of the Arbitration Commission. The arbitrator of the minority opinion may either sign or not.
Article 55 The Arbitration Tribunal may, in the process of the arbitration, make an interlocutory award first on any facts
of the case if those facts are already evident.
Article 56 The Arbitration Tribunal shall correct any literal error and any error in computation, and add matters that
have been adjudicated but omitted to write in the award; any of the parties may, within 30 days after receiving the award,
request the Arbitration Tribunal to make a correction or addition.
Article 57 The award shall become effective as of the date of making.
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