Regulations of Arbitrators

Adopted at the Third Session of the First
Shenzhen Arbitration Commission　On December 23, 1997

Effective as from January 1, 1998

　　This regulations of arbitrators is formulated in line with the　Arbitration Law of the People’s Republic of China ( hereafter as the Arbitration Law), the Institution of Shenzhen Arbitration Commission, The Arbitration Rules and The Arbitral Procedures ( on trial basis ) for the purpose of ensuring impartial and timely arbitration and protecting the legal rights and interests of the parties.

Article 1 An arbitrator shall arbitrate independently and impartially on the basis of facts in line with the law, referring to international practices and following the principles of fairness and reasonableness.

Article 2 An arbitrator shall treat both parties on an equal footing. He/she shall not represent either party and shall be free from partiality.

Article 3 An arbitrator shall neither meet with either party and/or its attorney in private and accept the evidence and documents from either party and/or its attorney without presence of other arbitrators, nor exchange with either party and/or its attorney the information associated with the case, except that the arbitrator is authorized by the tribunal to meet with one party in private in case of conciliation.

Article 4 An arbitrator shall not have dinner with either party and/or its attorney or accept gifts. In the course of arbitration, an arbitrator shall not ask for or accept bribes, practice favoritism and commit irregularities, and render an award by perverting the law.

Article 5 An appointed arbitrator having met one of the circumstances listed as below shall request for a withdrawal from the tribunal:

　　1.begin the party in dispute or the relative of either party and/or its attorney;
　　 2.having personal interests in the case;
　　 3.having the following relations with either party and/or its attorney that may affect fair arbitration:

　　　　 A.having given advice on the case;
　　　　 B.being the colleague of either party and/or its attorney;
　　　　 C.being or used to be the permanent legal counsel of either party;
　　　　 D.other relations as specified by the law.

Article 6 An arbitrator shall strictly observe the procedures stipulated in the Arbitration Rules and shall give both parties sufficient chances to present their opinions.

Article 7 Having accepted the appointment, the arbitrator shall ensure the time for the hearing and the panel meeting and shall not delay the hearing for other reasons. He/she, in special case, shall report in advance to the Arbitration Commission and get consent before deciding to change the date of hearing and that of the panel meeting.

Article 8 An arbitrator shall conscientiously review all submitted files and documents of the case so as to find out the facts and evidence, ascertain the nature of the case and verify the liabilities to be borne by the parties.

Article 9 Arbitrators shall meet to discuss and determine how to proceed with the arbitration prior to the hearing. The presiding arbitrator shall put forth his/her plan for conducting the hearing for reference. When the tribunal is formed of a sole arbitrator, he/she shall work out a plan prior to the hearing.

Article 10 In the course of hearing an arbitrator shall not be partial to either party and shall watch his/her manner for questioning and putting forward opinions so as to avoid drawing quick conclusion on the key issues and putting himself/herself in a position in debate with or opposing against either party.

Article 11 Upon completion of the hearing the presiding arbitrator shall arrange the panel meeting in due time.

Article 12 An arbitrator shall keep informed of the progress of the arbitral proceedings and observe the limitation of an arbitration specified by the Arbitration Rules.

Article 13 An arbitrator shall strictly keep the hearing secret, he/she shall neither disclose to the outside any information associated with the substance or the procedure of the case, including details of the case, the hearing and the panel meeting etc., nor disclose to either party his/her personal opinion on the case and the outcome of the panel meeting.

Article 14 An arbitrator has the right and should take part in the seminars and meetings of exchanging arbitral experiences undertaken by the Arbitration Commission.

Article 15 Any arbitrator who wishes to attend meetings or seminars, publish articles or make speeches in respect of arbitration in the name of the Arbitration Commission shall obtain prior approval from the Arbitration Commission.

Article 16 Any arbitrator who has seriously conducted what is stipulated in Item 4, Article 34 of the Arbitration Law or has such conduct as stipulated in Item 6, Article 58 of the Arbitration Law shall be removed from the Panel of Arbitrators of the Arbitration Commission.