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Arbitration Knowledge

Arbitration Law of the People's Republic of China
(Adopted at the Ninth Meeting of the Standing Committee of the Eighth National People's Congress on August 31, 1994, promulgated by Order No.31 of the President of the People's Republic of China on August 31, 1994, and effective as of September 1, 1995)


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Chapter VIII
Supplementary Provisions


Article 74 Where any provisions of law have been made to the limitation of arbitration, those provisions shall apply.
Failing such provisions, the limitation of action shall apply to arbitration.
Article 75 Before the arbitration rules have been made by China Arbitration Association, the Arbitration Commission
may, in accordance with the relevant provisions of this Law and of the Civil Procedure Law, make interim arbitration
rules.
Article 76 Parties shall pay arbitration fees according to stipulations.
Measures for charging arbitration fees shall be submitted to the pricing administration for verification and approval.
Article 77 Regulations concerning arbitration of labour disputes and agricultural contractual disputes arising between
contractors and rural economic collectives shall be formulated separately.
Article 78 Where any provisions concerning arbitration made before the enforcement of this Law conflict with

provisions of this Law, this Law shall prevail.
Article 79 Any arbitration institution that is established in the capital city of province, autonomous region or
municipality directly under the Central Government or in any other city divided into districts before the enforcement of
this Law shall be re-organized in accordance with the relevant provisions of this Law; those which are not re-organized
shall close down upon the expiration of a period of one year from the effective date of this Law.
Any other arbitration institutions established before the enforcement of this Law which fails to accord with the
provisions of this Law shall close down on the effective date of this Law.
Article 80 This Law shall become effective on September 1, 1995.

Annex: The Relevant Articles of the Civil Procedure Law
Article 217 If a party against whom the application is made furnishes proof that the arbitration award involves any of
the following circumstances, the people's court shall, after examination and verification by a collegial panel, make a
written order not to allow the enforcement:
(1) the parties have had no arbitration clause in their contract, nor have subsequently reached a written agreement on
arbitration;
(2) the matters dealt with by the award fall outside the scope of the arbitration agreement or are matters which the
arbitral organ has no power to arbitrate;
(3) the composition of the arbitration tribunal or the procedure for arbitration contradicts the procedure prescribed by
the law;
(4) the main evidence for ascertaining the facts is insufficient;
(5) there is definite error in the application of the law; or
(6) the arbitrators have committed embezzlement, accepted bribes or done malpractice for personal benefits or
perverted the law in the arbitration of the case.
Article 260 A people's court shall, after examination and verification by a collegial panel of the court, make a written

 

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